Chapter 5.10
ADULT ENTERTAINMENT

Sections:

5.10.010  Definitions.

5.10.020  License required.

5.10.030  License fees and duration.

5.10.040  License application.

5.10.050  Processing of license applications.

5.10.060  Denial of application for license.

5.10.070  License renewal.

5.10.080  Other license requirements.

5.10.090  Appeal.

5.10.100  Standards of conduct and operation--Exotic dance studios.

5.10.110  Standards of conduct and operation--Adult arcades, adult motion picture theaters and other adult entertainment businesses providing on-site entertainment.

5.10.120  Standards of conduct and operation--Adult bookstores, novelty stores, video stores and other businesses whether or not qualifying as adult entertainment businesses.

5.10.130  Standards of conduct and operation--Adult arcades.

5.10.140  License suspension and revocation.

5.10.150  Violation--Penalty--Misdemeanor.

5.10.160  Severability.

5.10.010 Definitions.

A.  “Adult entertainment” means:

1.  Any dance, amusement, show, display, exhibition, pantomime, modeling or any like performance of any type which 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 covered;

2.  Any dance, amusement, show, display, exhibition, pantomime, modeling or any like performance of any type where such performance 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; or

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

3.  Any dance, amusement, show, display, exhibition, pantomime, modeling or any like performance of any type 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 performance 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, taxi dancing, lap dancing, private dancing or straddle dancing.

B.  “Adult entertainment business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater and exotic dance studio, more specifically defined as follows:

1.  “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced photography, panorama, peep show, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provides materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of nudity or specified sexual activities.

2.  “Adult bookstore, adult novelty store or adult video store” means a commercial establishment whose stock-in-trade, which is made available to the public for any form of consideration, is substantially or significantly comprised of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations, which are characterized by the depiction or description of nudity or specified sexual activities.  It shall be a refutable presumption that twenty percent of a business' stock-in-trade is considered substantial or significant.

3.  “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of nudity or specified sexual activities are regularly shown for any form of consideration.

4.  “Exotic dance studio” means a night club, bar, restaurant or similar commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public.

C.  “Applicant” means the individual or entity seeking an adult entertainment business license.

D.  “Applicant control persons” mean all partners, corporate officers and directors and any other individuals in the applicant's business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment business.

E.  “Clerk” means such town employees or agents as the mayor shall designate to administer this chapter, or any designee thereof.

F.  “Conviction” means an adjudication of conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-fact finding motions and appeals.  Conviction also means bail forfeiture.

G.  “Employee” means any and all persons, including, but not limited to, managers, entertainers, and independent contractors, who work in or at or render any services directly related to the operation of any adult entertainment business offering adult entertainment, whether or not such person is compensated by the operator of such business.

H.  “Entertainer” means any and all persons who provide live adult entertainment in an adult entertainment business, whether or not the person is an employee of the operator of the adult entertainment business, and whether or not the person is compensated by the operator of the business.

I.  “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct or operation of any activity involving adult entertainment occurring at an adult entertainment business.  This term shall include assistant managers.

J.  “Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult entertainment business.

K.  “Nude or nudity” means:

1.  Less than completely and opaquely covered or in such attire, costume or clothing as to expose to view male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below the top of the areola; or

2.  Wearing any device or covering exposed to view which simulates the appearance of male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below the top of the areola.

L.  “On-site entertainment” means adult entertainment which is provided on the premises of an adult entertainment business, whether or not provided for a fee or other consideration.  This term shall not include the sale or rental of adult books, magazines, novelties and videos.

M.  “Operator” means any person operating, conducting or maintaining an adult entertainment business.

N.  “Panoram or peep show” means any device which, upon insertion of a coin or by any other means, exhibits or displays a picture or view by film, video or any other means.

O.  “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.

P.  “Specified sexual activities” means any of the following:

1.  The caressing, touching, fondling or other intentional or erotic touching of pubic region, buttocks, anus, male genitals or female breasts of oneself or of one person by another;

2.  Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law;

3.  Masturbation, actual or simulated;

4.  Human genitals in a state of sexual stimulation, arousal or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered; or

5.  Excretory functions as a part of or in connection with any of the activities set forth in this subsection.  (Ord. 355 §2, 2000)

5.10.020 License required.

A.  It shall be unlawful for any person to conduct, maintain or operate an adult entertainment business unless such person is the holder of a valid and subsisting license from the town to do so, obtained in the manner provided in this chapter.

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

C.  It shall be unlawful for any entertainer to perform adult entertainment in an adult entertainment business unless such person is the holder of a valid and subsisting license from the town to do so, obtained in the manner provided in this chapter.

D.  It shall be unlawful for any manager to work in an adult entertainment business providing on-site adult entertainment unless such person is the holder of a valid and subsisting license from the town to do so, obtained in the manner provided in this chapter.

E.  Any violation of the provisions of this section shall constitute a misdemeanor as set forth in this chapter.  (Ord. 355 §3, 2000)

5.10.030 License fees and duration.

A.  Adult Entertainment Businesses.

1.  The annual licensing fee for an exotic dance studio business shall be five hundred dollars.  This amount shall be used for the cost of administration of this chapter.

2.  The annual licensing fee for all other adult entertainment businesses shall be one hundred fifty dollars.  This amount shall be used for the cost of administration of this chapter.

B.  Managers and Entertainers.  The annual licensing fee for managers and entertainers shall be one hundred fifty dollars.  This amount shall be used for the cost of administration of this chapter.

C.  Proration.  There shall be no proration of the licensing fees described in this section, except that the fee for any such license obtained after June 30th shall be one-half of the fees provided in this section.  (Ord. 355 §4, 2000)

5.10.040 License application.

A.  Adult Entertainment Business.

1.  All applications for an adult entertainment business license shall be submitted to the clerk in the name of the person or entity proposing to offer adult entertainment, 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 town, which shall require the following information:

a.  The names, aliases or previous names, driver's license numbers (if any), Social Security numbers (if any), business, mailing and residential addresses, and business telephone numbers for the applicant and for each applicant control person.

b.  If a partnership, whether the partnership is general or limited; and if a corporation, the date and place of incorporation, evidence that the corporation is in good standing under the laws of Washington, and the name and address of any registered agent for service of process.

c.  Whether the applicant or any applicant control person(s) holds any other licenses for other adult entertainment businesses, from this town or from another town, county or state, and if so, the names and addresses of every other licensed adult entertainment business.

d.  A summary of the business history of the applicant and applicant control persons in owning or operating adult entertainment businesses, including names, addresses and dates of operation for such businesses, and whether any adult entertainment licenses have been revoked or suspended, and the reasons therefor.

e.  Any and all criminal convictions or forfeitures of the applicant and all applicant control persons, other than parking offenses or minor traffic infractions, occurring within five years immediately preceding the date of the application, including the dates of conviction, nature of the crimes, the names and locations of courts, and dispositions.

f.  A description of the business, occupation or employment histories of the applicant and all applicant control persons for the three years immediately preceding the date of the application.

g.  Authorization for the town, 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 adult entertainment business, including a legal description and street address of the property, and the names, addresses and telephone numbers of each owner and lessee of the property.

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

j.  A complete set of fingerprints for the applicant and each applicant control person, which shall be taken by town police department employees.

k.  If the application is for an exotic dancing studio, a scale drawing or diagram showing the configuration of the premises for the proposed exotic dancing studio, 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, management's offices and stations, restrooms and service areas shall be clearly marked on the drawing.  An application for a license for an exotic dance studio shall include building plans which demonstrate conformance with Section 5.10.100(D).

l.  A copy of an approved and current conditional use permit to operate the adult entertainment business at the applicant's proposed business location.

m.  Subsections (1)(i), (1)(j) and (1)(k) of this section shall not apply to adult bookstores, adult novelty stores or adult video stores that do not provide on-site entertainment.

2.  An application shall be deemed to be complete upon the applicant's provision of all information required 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 the information provided in a complete application where it is necessary to determine compliance with this chapter.

3.  A nonrefundable application fee of one hundred fifty dollars must be submitted with the completed application 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, subsequent to the issuance of an adult entertainment license, any person or entity acquires a significant interest or responsibility for the management or operation of the licensed premises or the licensed business, notice shall be provided in writing to the clerk no later than twenty-one days following such acquisition.  The notice shall include the information required from the original applicant and applicant control persons.

B.  Adult Entertainment Business Manager and Entertainer Licenses.

1.  No person shall work as a manager, assistant manager or entertainer at an exotic dance studio without a manager or entertainer license from the town.  Each application for such a license shall be signed by the applicant and certified as true under penalty of perjury.  All applications shall be submitted on a form supplied by the town, and shall require the following information:

a.  The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by town police department employees, Social Security number, and any stage names or nicknames used in entertaining.

b.  The name and address of each adult entertainment business at which the applicant intends to work.

c.  Documentation that the applicant has attained the age of at least eighteen years.  Acceptable proofs of age include:  A motor vehicle license issued by any state bearing the applicant's photograph and date of birth; a state-issued identification card bearing the applicant's photograph and date of birth; an official passport issued by the United States of America; an immigration card issued by the United States of America; or any other identification that the town 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 town, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.

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

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

g.  Authorization for the town, its agents and employees to investigate and confirm any statements set forth in the application.

2.  An application shall be deemed to be complete upon the applicant's provision of all information required 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 the information provided in a complete application in order to determine compliance with this chapter.

3.  A nonrefundable application fee of one hundred dollars shall be submitted with the completed application 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.  (Ord. 355 §5, 2000)

5.10.050 Processing of license applications.

A.  Adult Entertainment Business Licenses.

1.  Upon receipt of a complete adult entertainment business license application and fee as set forth in Section 5.10.040, the clerk shall provide copies of the application to the police, fire, and building departments for their investigation and review to determine compliance of the proposed adult entertainment business with the laws and regulations which each department administers.  Each department shall, with twenty business days of the date of such application, inspect the application and premises and make a written report to the clerk as to whether such application and premises complies with the laws administered by that 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 exotic dance studio license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises has 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 section if it finds that the applicant or proposed adult entertainment business is not in conformance with the requirements of this chapter or other law in effect in the town.  A recommendation for denial shall cite the specific reason therefor, including applicable laws.

2.  An adult entertainment business license shall be issued by the clerk within thirty business 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, failed to provide any information required under this section, or 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 an adult entertainment business license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law.

3.  If the clerk fails to issue or deny the license within thirty business days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable laws, 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 business days.

B.  Adult Entertainment Business Manager or Entertainer Licenses.

1.  Upon receipt of a complete adult entertainment business manager or entertainer license application and fee as set forth in Section 5.10.040, the clerk shall provide a copy of the license application to the police and any other applicable department for its review, investigation and recommendation.

2.  An adult entertainment business manager or entertainer license shall be issued by the clerk within fifteen business 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 statements 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.

3.  An applicant for an adult entertainment business manager or entertainer license shall be issued a temporary license upon receipt of a complete license application and fee.  The temporary license will automatically expire on the fifteenth business 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 fifteen business days.

4.  Every adult entertainer shall provide his or her license to the manager on duty on the adult entertainment business premises prior to his or her performance.  The manager shall retain the licenses of adult entertainers and make the licenses readily available for inspection by the town at any time during business hours of the adult entertainment business.  (Ord. 355 §6, 2000)

5.10.060 Denial of application for license.

A.  Adult Entertainment Business License.  The clerk shall deny an application for an adult entertainment business if:

1.  The applicant is under eighteen years of age.

2.  The applicant is overdue on its payment to the town of taxes, fees, fines, or penalties assessed against it in relation to an adult entertainment business.

3.  The applicant or an applicant control person has been convicted of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in RCW Chapter 69.50) in the five years immediately preceding the license application.

4.  The applicant has failed to provide information required by the license application or has made, with the intent to mislead, a materially false representation in the application for a license under this chapter.

5.  The applicant has failed to comply with any provision or requirement of this chapter.

6.  The applicant has had an interest in any license granted under this chapter revoked within six months from the date of application.

B.  Adult Entertainment Business Manager or Entertainer License.  The clerk shall deny an application for an adult entertainment business manager or entertainer license if:

1.  The applicant is under 18 years of age.

2.  The applicant has been convicted of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in RCW Chapter 69.50) in the five years immediately preceding the license application.

3.  The applicant has failed to provide information required by the license application or has made, with the intent to mislead, a materially false representation in the application for a license under this chapter.

4.  The applicant has failed to comply with any provision or requirement of this chapter.  (Ord. 355 §7, 2000)

5.10.070 License renewal.

A.  The licenses described in this chapter shall expire annually on December 31st.  Applications for renewal of licenses must be made to the clerk no later than thirty business days prior to the expiration of adult entertainment business, manager and entertainer licenses.  A renewal license shall be issued in the same manner and upon payment of the same license fees as the original application under this chapter.  All applicants shall present their current license for verification of identity, and upon issuance of the renewed license, shall surrender the expiring license to the clerk.  There shall be assessed and collected by the clerk an additional charge of twenty-five percent of the license fee on an application not made on or before the date provided herein.

B.  The clerk shall renew a license upon application if it complies with all provisions of the chapter as now enacted or as the same may hereafter be amended, unless the clerk is aware of facts that would disqualify the applicant from being issued the license for which renewal is sought.  (Ord. 355 §8, 2000)

5.10.080 Other license requirements.

A.  Duty to Supplement.

1.  Applicants for a license under this chapter shall have a continuing duty to supplement promptly required application information if the information changes from what is stated on the application.

2.  If any person or entity acquires an interest in the licensed premises or the licensed business subsequent to the issuance of an adult entertainment business license for places offering adult entertainment, an agent of the licensed adult entertainment business shall immediately notify the town clerk in writing of the acquisition.  The notice shall include the information required to be provided for the original adult entertainment business.  The failure to supplement the application on file with the clerk regarding such change in ownership interest, within twenty business days of the date of such change, shall be grounds for suspension or revocation of a license.

3.  Any new or additional applicants or applicant control persons must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with health, fire, and building codes of the town.

4.  The fact that an applicant or applicant control person possesses other types of state or town permits and/or licenses does not exempt the applicant or applicant control person from the requirement of obtaining an adult entertainment business license.

B.  License Nontransferable.  No license or permit issued pursuant to this chapter shall be assignable or transferable.  For purposes of this chapter, “assignable” or “transferable” shall mean and include any of the following:

1.  The sale, lease or sublease of the business; or

2.  The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

3.  The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law.

C.  Name and Place of Business.  No person granted a license pursuant to the chapter shall operate an adult entertainment business under a name not specified in the license, nor shall he or she conduct business under any designation or location not specified in the license.

D.  Posting and Display of License.

1.  The 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 and the address of the licensed adult entertainment business.  The license shall be posted in a conspicuous place at or near the entrance of the licensed premises so that it can be easily read at any time the business is open.

2.  The license of the adult entertainment business manager on duty shall be prominently posted during business hours.

3.  Entertainer licenses need not be posted, but must be available on the premises when the entertainer is on the premises for immediate inspection by any town official or law enforcement agency having jurisdiction.  Managers' and entertainers' licenses must be endorsed by the clerk for the business premises for which the manager is managing and the entertainer is entertaining.

4.  Photocopies and other forms of reproduction shall not be acceptable as proof of issuance of any license required under this chapter.

E.  Violation.  Any violation of the provisions of this section is a misdemeanor as set forth in this chapter.  (Ord. 355 §9, 2000)

5.10.090 Appeal.

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 town's hearing examiner, or to such other hearing body as may hereafter be established by the town council for the hearing of license appeals, by filing a notice of appeal with the clerk within ten business days of notice of the refusal to issue or renew.  The hearing examiner or other hearing body shall set a date for hearing such appeal, to take place within thirty business 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 the rules and regulations of the hearing body.  The hearing examiner or other hearing body shall render its decision on the appeal within fifteen business days following the close of the appeal hearing.

B.  Appeal to the Superior Court.  The decision of the hearing body shall be final and conclusive unless, within ten days of the date of the decision, any person aggrieved by the decision makes application to the Lincoln County superior court for a writ of review, prohibition or mandamus.  (Ord. 355 §10, 2000)

5.10.100 Standards of conduct and operation--Exotic dance studios.

A.  The following standards of conduct must be adhered to by employees of any exotic dance studio while in any area in which members of the public are allowed to be present:

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

5.  No manager, entertainer or employee shall perform actual or simulated acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of RCW Chapter 7.48A, the Washington Moral Nuisances Statute.

6.  No manager, entertainer or employee mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the exotic dance studio 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 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 tip or 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 exotic dance studio 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 exotic dance studio shall be placed into the hand of the entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of the entertainer.

B.  At any exotic dance studio, the following are required:

1.  Admission must be restricted to persons of the age of eighteen years or older.  It is unlawful for any owner, operator, manager or other person in charge of an exotic dance studio to permit knowingly or to allow any such person under the minimum age to be in or upon such premises.

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 exotic dance studio.

3.  No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the exotic dance studio, 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; provided, 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 an exotic dance studio shall include, but are not limited to:

1.  A licensed manager shall be on duty on the premises of the exotic dance studio at all times that 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.  A manager shall not perform as an entertainer on those days during which he or she acts as a manager on duty of the exotic dance studio.

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 exotic dance studio.  Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager 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 exotic dance studio.

4.  The manager shall be responsible for and shall assure that the actions of the members of the public, 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 exotic dance studio 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 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 established for all areas of the exotic dance studio where members of the public are admitted.

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

THIS EXOTIC DANCE STUDIO IS REGULATED BY THE TOWN OF WILBUR.  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.  Record Keeping Requirements.

a.  All papers, records and things required to be kept pursuant to this chapter shall be open to inspection by the clerk or the clerk's designee during the hours when the licensed premises is 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 exotic dance studio 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.  This information shall be open to inspection by the clerk or the clerk's designee 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 exotic dance studios which are open to members of the public shall be open to inspection by town 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 expressly declared that unannounced inspections are necessary to ensure compliance with this chapter.

E.  Time of Operation.  It is unlawful for any exotic dance studio to be operated or otherwise open to the public between the hours of two a.m. and ten a.m.

F.  Exemptions.  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 described in RCW 7.48A.010(2)(b).

G.  Determination of “Obscene”.  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;

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. 355 §11, 2000)

5.10.110 Standards of conduct of operation--Adult arcades, adult motion picture theaters and other adult entertainment businesses providing on-site entertainment.

A.  A licensee shall not permit any doors to public areas on the premises of an adult arcade, motion picture theater or other adult entertainment business providing on-site entertainment to be locked during business hours.

B.  Any room or area on such adult entertainment business premises that is open to members of the public shall be readily accessible at all times for inspection by any law enforcement officer or license inspector.

C.  Admission shall be restricted to persons of the age of eighteen years or more and it shall be unlawful for any owner, operator, manager or employee of an adult entertainment business to knowingly permit or allow any person under the age of eighteen years to be in or upon such premises.

D.  No patron shall be unclothed or in such attire, costume or clothing so as to be in a state of nudity or engage in any specified sexual activity and no owner, operator, manager or employee shall knowingly allow such conduct in or upon the premises.  (Ord. 355 §12, 2000)

5.10.120 Standards of conduct and operation--Adult bookstores, novelty stores, video stores and other businesses whether or not qualifying as adult entertainment businesses.

A.  Adult bookstores, adult novelty stores, adult video stores and other businesses that sell or otherwise distribute books, magazines, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of nudity or specified sexual activities, whether or not such businesses qualify as an adult entertainment business under this chapter and whether or not less than twenty percent of their stock-in-trade comes from the rental or sale of such items, shall be subject to the following requirements of conduct:

1.  All such items as described in this subsection shall be physically segregated and closed off from other portions of the store so that these items are not visible and/or accessible from other portions of the store where non-adult entertainment material, if any, is displayed, sold or rented.

2.  No advertising for such items shall be posted or otherwise visible, except where such items are authorized for display.

3.  Signs readable at a distance of twenty feet shall be posted at the entrance to the business or the area where such items are displayed stating that persons under the age of eighteen years are not allowed access to the area where such items are displayed.

4.  The manager or attendant shall take responsible steps to monitor the area where such items are displayed to ensure that persons under eighteen years of age do not access the age-restricted area.

5.  Employees of such businesses shall check identification of persons who appear to be eighteen years or under to ensure that such items are not rented or sold to persons under the age of eighteen years.

B.  The rental or sale of obscene material as defined in Section 5.10.100(G) to persons under the age of eighteen years is prohibited.  (Ord. 355 §13, 2000)

5.10.130 Standards of conduct and operation--Adult arcades.

A.  The interior of the show premises of an adult arcade shall be arranged in such a manner as to ensure that patrons are fully visible from the waist down, and all persons viewing such panoram pictures shall be visible from the common areas of such premises.

B.  No more than one patron at a time shall be present in a booth, cubicle, room or stall wherein adult entertainment in an adult arcade is provided.

C.  A licensee of an adult arcade shall maintain, at a minimum, illumination as required in this chapter for exotic dance studios generally distributed in all parts of the premises at all times when the facility is open or when members of the public are permitted to enter and remain therein.  (Ord. 355 §14, 2000)

5.10.140 License suspension and revocation.

A.  The clerk may, upon the recommendation of the chief of police or designee, and as provided in 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 by the licensee or by any of its 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 RCW Chapter 69.50) committed on the premises, or the conviction of any of its servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in RCW Chapter 69.50) committed on the premises, when the licensee knew or should have known of the violations committed by its 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 a third and subsequent violations within a twenty-four-monthly 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 hearing examiner or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.  The licensee may appeal the revocation or suspension by filing a notice of appeal with the clerk before the effective date of the revocation or suspension.  The hearing examiner or other hearing body shall set a date for hearing such appeal, to take place within forty-five days of the date of receipt of the notice of appeal.  The hearing examiner or other hearing body shall render its decision within fifteen days following the close of the appeal hearing.  The decision of the hearing examiner or other hearing body shall be final and conclusive unless, within ten days of the date of the decision, any person aggrieved by the decision makes application to the King County superior court for a writ of review, prohibition or mandamus.  The decision of the clerk shall be stayed during the pendency of any appeal, except as provided in this section.

D.  Where the town building official or fire marshal or their designees or the applicable county health department find that any condition exists upon the premises of an exotic dance studio which constitutes a threat of immediate serious injury or damage to persons or property, the official may immediately suspend any license issued under this chapter pending a hearing in accordance with 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 hearing examiner or other designated hearing body under the appeal provisions set forth in subsection (C) of this section; provided, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal.  (Ord. 355 §15, 2000)

5.10.150 Violation--Penalty--Misdemeanor.

Unless otherwise specified, a violation of any of the provisions of this chapter shall constitute a misdemeanor, and shall, upon conviction, be punished by a fine of not more than one thousand dollars or by imprisonment of not more than ninety days, or both.  Each and every day during which any violation is committed, continued or permitted shall be deemed a separate offense; provided, that no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the police chief or prosecuting attorney or duly appointed agent thereof.  (Ord. 355 §16, 2000)

5.10.160 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter.  (Ord. 355 §17, 2000)