Chapter 5.22
PUBLIC PLACES OF ADULT ENTERTAINMENT LICENSING AND REGULATION
Sections:
5.22.030 License fees – Public places of adult entertainment.
5.22.040 License applications.
5.22.060 Expiration of licenses.
5.22.070 Suspension of licenses.
5.22.120 Licensing – Compliance with other city laws.
5.22.140 General requirements.
5.22.160 Live adult entertainment establishments.
5.22.170 Mini-theaters and motion picture theaters.
5.22.180 Adult panoram theaters.
5.22.010 Intent.
This chapter is intended to protect the general public health, safety and welfare of the citizens of the city of West Richland through the regulation of the operation of public places of adult entertainment. The regulations set forth in this chapter are intended to prevent health and safety problems and dangerous and unlawful conduct in and around public places of adult entertainment. [Ord. 86-94 § 1, 1994].
5.22.020 Definitions.
For purposes of this chapter, the words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
“Adult entertainment” means any exhibition or dance of any type conducted in premises where such exhibition or dance involves the exposure to view of any portion of the female breast below the top of the areola or any portion of the male or female pubic hair, anus, buttocks, vulva and/or genitals.
“Adult use business” means any adult book store, adult mini-theater, adult motion picture theater, adult panoram establishment, adult retail store, or live adult entertainment establishment or any establishment which provides one or more of the activities described in this chapter.
“Clerk” means the city finance director of the city of West Richland. It also includes his/her designee.
“Employee” means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of a public place of adult entertainment, which offers, conducts or maintains adult entertainment.
“Entertainer” means any person who provides adult entertainment within a public place of adult entertainment as defined in this section whether or not a fee is charged or accepted for entertainment.
“Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance.
“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 female breast below the top of the areola or any portion of the male or female pubic hair, anus, buttocks, vulva and/or genitals 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 or members of the adult public, held, conducted, operated or maintained for profit, direct or indirect.
“Manager” means any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any place offering adult entertainment.
“Operator” means any person operating, conducting or maintaining any adult use business.
“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.
“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.
“Public place of adult entertainment” means any premises, building or portion of a building which is used for or contains any exhibition or dancing constituting adult entertainment as defined in this section, which is for the benefit or use of a member or members of the adult public, or advertised for the use or benefit of a member or members of the adult public, held, conducted, operated or maintained for a profit, direct or indirect. Public places of adult entertainment include, but are not limited to, adult book stores, adult mini-theater, adult motion picture theater, adult retail store, adult panorama establishment, or live adult entertainment establishment, all as defined by WRMC Title 17. [Ord. 86-94 § 1, 1994].
5.22.030 License fees – Public places of adult entertainment.
A. No public place of adult entertainment shall be operated or maintained in the city, unless the owner or lessee thereof has obtained a license from the city finance director as hereinafter set forth.
B. No person shall work as a manager or entertainer at a public place of adult entertainment without having first obtained a manager or an entertainer license or permit from the city finance director.
C. It is unlawful for any manager, entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of, an unlicensed public place of adult entertainment.
D. The license year shall be from January 1st to December 31st of each year. All licenses shall expire on the thirty-first day of December of each year. Except as herein provided, all license fees shall be payable on an annual basis and shall not be refundable. License fees shall not be prorated, except that if the original application for a license is made after June 30th in any year, the licensing fee for the remainder of the year shall be three-fourths of the annual license fee. Licenses issued under this chapter may not be assigned or transferred.
E. The annual license fee shall be as follows:
1. Public places of adult entertainment license: as set by city council in the Master Fee Schedule.
2. Manager license: as set by city council in the Master Fee Schedule.
3. Entertainer license: as set by city council in the Master Fee Schedule. [Ord. 6-14 § 3 (Att. C), 2014; Ord. 86-94 § 1, 1994].
5.22.040 License applications.
All applications for licenses must be made on a form provided by the city finance director.
A. Public Places of Adult Entertainment License. The license application form 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.
1. All applications shall be submitted in the name of the person or entity proposing to conduct such activity on the business premises and shall be signed by such person or his agent and notarized or certified as true under penalty of perjury.
a. If the person who wishes to operate a public place of adult entertainment is an individual, he or she must sign the application for a license as applicant.
b. If the person who wishes to operate a public place of adult entertainment is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant.
c. If a corporation is the entity which wishes to operate a public place of adult entertainment, each individual having a 10 percent or greater interest in the corporation must sign the application for a license as applicant.
2. The applicant must be qualified according to the provisions of this chapter and not have had a license for a public place of adult entertainment revoked in the previous 12 months and the premises for which the license is sought must be inspected and found to be in compliance with the law by the health department, fire marshal and building inspector.
3. All applicants must submit the following information in addition to such other information as the city finance director may request:
a. The name, home address, home telephone number, date and place of birth, and Social Security number of the applicant if the applicant is an individual.
b. The business name, address and telephone number of the establishment.
c. The names, addresses, telephone numbers and Social Security numbers of partners, corporate officers or shareholders who collectively own 51 percent or more of the corporation.
d. The name, address and telephone number of the owner of the property on which the public place of adult entertainment is located.
B. Manager or Entertainer License. All applications for a manager or entertainer license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. At the time of application, a picture shall be taken of the applicant by the city finance director. The application shall include the following information in addition to such other information as the city finance director may require:
1. The applicant’s name, home address, home telephone number, date of birth, Social Security number and any stage names or nicknames used in their entertaining.
2. The applicant shall present picture identification which shall include:
a. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth; or
b. A state license identification card bearing the applicant’s photograph and date of birth; or
c. An official passport or immigration card issued by the United States of America.
C. Application Process. The city finance director, upon presentation of the license application and associated fees, and before acting upon the same, shall refer said application to the police department, the building department and the fire marshal, as appropriate, which shall make a full investigation as to the truth of the statements contained therein and compliance with city codes. [Ord. 86-94 § 1, 1994].
5.22.050 Issuance of license.
A. The city finance director shall approve the issuance of a license and shall issue the license to an applicant within the time hereinafter set forth after receipt of an application unless the city finance director finds one or more of the following to be true:
1. The applicant is under 18 years of age.
2. The applicant or 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 or her by the state of Washington, Benton County, Benton County superior court or Benton County district court, all in relation to the operation of a public place of adult entertainment.
3. An applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form.
4. The applicant has been denied a license to operate a public place of adult entertainment or a manager license or entertainer license by the city within the preceding 12 months, or the applicant is residing with a person whose license to operate a public place of adult entertainment has been revoked within the preceding 12 months.
5. The premises to be used for the public place of adult entertainment has been inspected and has not been approved by the health department, the fire marshal, or 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. The applicant is in violation of or is not in compliance with any of the provisions of this chapter of the West Richland Municipal Code.
B. The license application for a public place of adult entertainment shall be approved or disapproved within 30 days from the date of filing a completed application, unless the applicant agrees to an extension of the time period in writing. The license application for a manager or entertainer license shall be approved or disapproved within six working days from the date of filing a completed application, unless the applicant agrees to an extension of the time period in writing.
C. 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 for the public place of adult entertainment, as well as the license for the manager and entertainers employed therein, shall be posted in a conspicuous place at or near the entrance to the public place of adult entertainment so that they may be easily read at any time. The license for the manager and entertainers employed in the adult use business shall include a photograph of the licensee.
D. In the event the city denies a license, the city, within the aforesaid time period (30 days for public places of adult entertainment licenses, six days for manager/entertainer licenses) shall notify the applicant of the denial and the reasons therefor. The denial shall be for a period of time not to exceed three months, and until the reason for the denial has been eliminated. Should the applicant disagree with the determination of the city finance director, the applicant must file written notice with the mayor or the city administrator within 10 days of receipt of said notice of denial of the license. The applicant may request a hearing to address the validity of the denial of the application. Upon receipt of a request for a hearing, the mayor or the city administrator shall schedule an evidentiary hearing in accordance with WRMC 5.22.100. Ord. 38-05 § 3, 2005; Ord. 11-02 § 3, 2002; Ord. 86-94 § 1, 1994].
5.22.060 Expiration of licenses.
A. Each license issued hereunder shall expire on the thirty-first day of December of each year and may be renewed only by making application as provided in this chapter.
Applications for renewal shall be made before the investigation period set forth in WRMC 5.22.050(B) to ensure a license is continuous, and if so made, the expiration of the license will not be effected.
B. If the city finance director denies renewal of a license, the applicant, if he or she corrects or abates the basis for denial, may resubmit an application for a license on or after the first day of April of that year. [Ord. 86-94 § 1, 1994].
5.22.070 Suspension of licenses.
The city finance director may suspend any license issued pursuant to this chapter for a period of time not to exceed 60 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 the use of alcoholic beverages or drugs while at the premises of the public place of adult entertainment.
C. Refused to allow an inspection of the public place of adult entertainment premises as authorized by this chapter.
D. Knowingly permitted gambling or the consumption of alcoholic beverages by any person on the premises of the public place of adult entertainment. [Ord. 86-94 § 1, 1994].
5.22.080 Revocation.
A. The city finance director may revoke a license if a cause of suspension occurs in accordance with the provisions of WRMC 5.22.070 and the license has been suspended within the preceding 12 months.
B. The city finance director, in addition, may revoke a license if he or she determines that:
1. The license was procured by fraud or false representations of fact or misleading information in the application or in any report or record required to be filed with the city finance director;
2. The licensee or an employee knowingly allowed possession, use or sale of controlled substances as defined by RCW Title 69 on the premises;
3. The licensee or an employee knowingly allowed prostitution on the premises;
4. The licensee or an employee knowingly operated the public place of adult entertainment during a period of time when the licensee’s license was suspended;
5. The licensee or an employee knowingly allowed conduct prohibited by RCW 9A.44.010 to occur in or on the licensed premises;
6. The licensee is delinquent in payment to the city or state of Washington any taxes or fees past due; and
7. The licensee or an employee knowingly allowed a person under the age of 18 years 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 date of birth.
C. When the city finance director revokes a license, the revocation shall continue for one year and the license shall not be reissued for one year from the date the revocation is effective. [Ord. 86-94 § 1, 1994].
5.22.090 Inspection.
A. An applicant or licensee shall permit a representative of the city police department, the Benton-Franklin County health department, the city fire marshal, the city planning department or other city departments or agencies to inspect the premises of a public place of adult entertainment, at any time it is occupied or open for business, for the purpose of ensuring compliance with the law.
B. A person who operates a public place of adult entertainment, or his or her agent or employee, commits a misdemeanor if he or she operates the business without a license as provided for in this chapter, or employs unlicensed employees or managers in the operation of said business. [Ord. 86-94 § 1, 1994].
5.22.100 Hearing procedures.
A. Upon the refusal to issue a license, the nonrenewal of a license or the suspension or revocation of a license, the city finance director shall provide the licensee written notice of the grounds for the action. The licensee has a right to present his or her response to the notice to the mayor or the city administrator within 10 days of receipt of said notice. The response must be made in writing and the licensee may request a hearing to address the validity of the denial, nonrenewal, suspension or revocation.
B. Upon receipt of a request for a hearing, the mayor or the city administrator shall appoint a hearing examiner and schedule an evidentiary hearing. The hearing procedure shall be governed by the Washington Administrative Procedures Act, Chapter 34.05 RCW.
C. The city finance director may not suspend and/or revoke a license until 10 days after the notice is given to the licensee or until after the nonrenewal, suspension or revocation has been ruled valid by the hearing examiner, if a hearing has been requested. [Ord. 38-05 § 4, 2005; Ord. 11-02 § 4, 2002; Ord. 86-94 § 1, 1994].
5.22.110 Judicial review.
In the event the hearing examiner finds that the denial of the application or denial of a renewal of an application or the suspension or revocation of a license is valid, the applicant or licensee may seek judicial review of the hearing examiner’s decision in Benton County superior court, provided the applicant or licensee does so within 20 days following the date of the hearing examiner’s formal decision. [Ord. 86-94 § 1, 1994].
5.22.120 Licensing – Compliance with other city laws.
All other city approvals and permit issuances other than those specifically set forth in this chapter, including, but not limited to, fire, building and zoning, are separate from the licensing process set forth in this chapter. The granting of any license or the providing of any approval pursuant to this chapter shall not be deemed to be an approval of any city permit or approval not specifically set forth in this chapter. [Ord. 86-94 § 1, 1994].
5.22.130 Transfer of license.
Licensee shall not transfer his or her license to another, nor shall a licensee operate a public place of adult entertainment under the authority of a license at any place other than the address designated in the application. [Ord. 86-94 § 1, 1994].
5.22.140 General requirements.
All public places of adult entertainment, as well as the operators, managers, entertainers and employees thereof, shall comply with the following standards of operation and conduct:
A. The premises of any public place of adult entertainment 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 foot-candle as measured at the floor level. It shall be the duty of the owner and manager and any employee present in the premises to ensure that the illumination described above is maintained at all times during which the business is open to the public or any patron is present in or on the premises with the exception of an adult mini-theater or an adult motion picture theater as defined by WRMC 5.22.020, which shall be subject to the provisions of WRMC 5.22.170.
B. At no time shall any live entertainment, merchandise or any film or movie being shown be visible from outside the establishment.
C. All state and local licenses required by law shall be posted and maintained in a conspicuous location.
D. 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 male or female 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.
E. 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 male or female genitals, anus and/or buttocks, or any portion of the male or female 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.
F. 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.
G. 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.
H. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.
I. 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.
J. No employee or entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this chapter.
K. No employee or entertainer shall demand or collect any payment or gratuity from any patron for entertainment before its completion.
L. 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.
M. No merchandise, films, videos, posters, books or other material that relates to specified sexual activities as defined in WRMC 17.09.200, or specified anatomical areas as defined in WRMC 17.09.200, shall be visible from any public place at any time.
N. A sign, no less than 24 inches by 24 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 WEST RICHLAND – CHAPTER 5.22 WRMC. ENTERTAINERS ARE:
1. Not permitted to engage in any type of sexual conduct;
2. Not permitted to be unclothed or in such clothing that is less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breasts below the top of the areola, any portion of the male or female pubic region, buttocks, genitals or vulva and/or anus except upon a stage at least eighteen inches above the immediate floor level and removed at least six 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.
O. No adult use business shall employ any person under the age of 18 years as a manager, entertainer or employee or allow an entertainer on its premises for the purpose of providing live adult entertainment if that person is under 18.
P. No person under the age of 18 years shall be admitted onto the premises of an adult use business for any purpose.
Q. 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.
R. No patron, who is obviously intoxicated by alcohol or drugs, shall be allowed entry to an adult use business.
S. No specified sexual activities as defined in WRMC 17.09.200 shall be allowed on the premises of an adult use business during business hours or after hours, either by employees, entertainers or patrons. [Ord. 86-94 § 1, 1994].
5.22.150 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, 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 specified sexual activities as defined in WRMC 17.09.200 be allowed on the premises of an adult use business at any time. [Ord. 86-94 § 1, 1994].
5.22.160 Live adult entertainment establishments.
In addition to the general requirements of WRMC 5.22.140 and 5.22.150, 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. 86-94 § 1, 1994].
5.22.170 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 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 WRMC 5.22.140, and must come on for at least 10 minutes at the end of each feature. [Ord. 86-94 § 1, 1994].
5.22.180 Adult panoram theaters.
Every adult panoram establishment shall meet the following requirements:
A. Every adult panoram establishment 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 establishment 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 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 owner and manager, and it shall also be the duty of any employees present on 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 are not permitted.
E. No viewing room may be occupied by more than one person at any time. [Ord. 86-94 § 1, 1994].
5.22.190 Exemptions.
A. This chapter shall not be construed to prohibit:
1. Plays, operas, musicals or other dramatic works which are not obscene;
2. Classes, seminars and lectures held for serious scientific or educational purposes; or
3. Exhibitions or dances which are not obscene.
B. For the purpose of this chapter, any activity is obscene:
1. Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest;
2. Which explicitly depicts or describes patently offensive representations or descriptions of:
a. Ultimate sexual acts, normal or perverted, actual or simulated;
b. Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibitions of the male or female genitals or genital area;
c. Violent or destructive sexual acts including, but not limited to, human or animal mutilation, dismemberment, rape or torture; and
3. Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value. For purposes of this chapter, an activity is dramatic if the activity is of, relating to, devoted to, or concerns specifically or professionally current drama or the contemporary theater. [Ord. 86-94 § 1, 1994].
5.22.200 Penalties.
Any person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. For any violation of a continuing nature, each day’s violation shall be considered as a separate offense and shall subject the offender to the above penalties for each separate offense. In addition to the enforcement provisions of this section, any violation 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. 86-94 § 1, 1994].
5.22.210 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 West Richland 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, phrases or portions be declared invalid or unconstitutional. [Ord. 86-94 § 1, 1994].