Chapter 21.25
SEXUALLY ORIENTED BUSINESS OVERLAY

Sections:

21.25.010    Purpose and intent.

21.25.020    Findings of fact.

21.25.030    Definitions.

21.25.040    Prohibition.

21.25.050    Regulated uses.

21.25.060    Permit required.

21.25.070    Investigation and application.

21.25.080    Issuance of permit.

21.25.090    Licenses required for sexually oriented businesses – Fees.

21.25.100    Licenses for managers, entertainers, escorts, or nude or semi-nude models – Fee.

21.25.110    Temporary licenses for managers and entertainers.

21.25.120    Due date for license fees.

21.25.130    Manager on premises.

21.25.140    License nontransferable.

21.25.150    License – Posting and display.

21.25.160    Specifications – Adult cabarets and adult theaters.

21.25.170    Standards of conduct and operation applicable to adult cabarets.

21.25.180    Regulations.

21.25.190    Regulations applicable to video stores not qualifying as sexually oriented businesses.

21.25.200    Exemptions.

21.25.210    License – Name of business and place of business.

21.25.220    Inspections.

21.25.230    Hours of operation.

21.25.240    Alcohol prohibited.

21.25.250    Recordkeeping requirements.

21.25.260    Denial, suspension or revocation of license or permit – Procedures – Appeal.

21.25.270    Suspension or revocation of license/permit – Duration.

21.25.280    Applicability to currently operating businesses.

21.25.290    Limitations of liability.

21.25.300    Penalties for violation.

21.25.310    Public nuisance – Injunctions.

21.25.010 Purpose and intent.

It is the purpose of this chapter to regulate sexually oriented businesses and related activities, including the activities of sexually oriented business patrons, in order to promote health, safety, morals, and general welfare of the citizens of the City of Woodinville, and to establish reasonable and uniform regulations to prevent the deleterious location of sexually oriented businesses within the City. It is not the intent of the City that it should be the purpose or effect of this chapter to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of the City that it should be the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the State or Federal Constitutions, or to deny access by the distributors and exhibitors of sexually oriented material to their intended market. Neither is it the intent of the City that it should be the purpose or effect of this chapter to condone or legitimize the distribution of obscene materials. (Ord. 611 § 8 (Att. A), 2016)

21.25.020 Findings of fact.

Based upon a wide range of evidence presented to the Woodinville City Council and to other jurisdictions, including but not limited to the testimony of law enforcement officers and members of the public, and on other evidence, information, publications, articles, studies, documents, case law and material submitted to and reviewed and considered by the City Council and staff, the councils of other cities within the region and in other jurisdictions, nonprofit organizations and other legislative bodies, the City Council makes the following findings:

(1) Certain conduct occurring on premises offering sexually oriented business creates secondary impacts that are detrimental to the public health, safety and general welfare of the citizens of the City, and therefore such conduct must be regulated as provided herein.

(2) Regulation of the sexually oriented business industry through permitting and/or licensing is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred.

(3) It is necessary to license entertainers in the sexually oriented industry to prevent the exploitation of minors; to ensure that each such entertainer is an adult; and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible.

(4) The evidence supporting the need to protect minors and families from the criminal and other unlawful activities associated with the operation of sexually oriented businesses is compelling. The provisions of this chapter are necessary to ensure that sexually oriented uses in Woodinville are conducted a reasonable distance away from places where minors regularly gather, often in large numbers.

(5) It is necessary to have a licensed manager on the premises of sexually oriented businesses at such times as such establishments are offering sexually oriented business so 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.

(6) The license fees required herein are nominal fees imposed as necessary cost recoupment measures designed to help defray the substantial expenses incurred by the City in regulating the sexually oriented businesses, and in increased police costs in enforcement.

(7) Businesses providing sexually oriented businesses are increasingly associated with ongoing prostitution, disruptive conduct and other criminal activity. Such businesses are currently not subject to effective regulation and constitute an immediate threat to the public peace, health and safety. The hours of operation of such businesses have a significant impact on the occurrence of illegal drug transactions, and other criminal activities.

(8) Due to the information presented regarding the connection of prostitution with sexually oriented businesses, there is concern over sexually transmitted diseases which is a legitimate health concern of the City and thus requires regulation of sexually oriented businesses in order to protect the health, safety and well-being of the public.

(9) Many cities, including Seattle and Tacoma, have experienced negative secondary impacts from sexually oriented business land uses. The skid row effect is one of these secondary impacts and is evident in certain parts of Seattle. Such an effect would be significantly magnified in Woodinville due to the difference in size and characteristics of the City.

(10) The City of Woodinville may rely on the experiences and studies of other cities, counties and organizations in assessing the need for regulation of sexually oriented business use, operations and licensing.

(11) The City takes notice of studies and experiences of other cities and counties in combating the specific adverse impacts of sexually oriented businesses.

(12) Regulation of sexually oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than in response to an existing problem.

(13) Increased levels of criminal activities occur in the vicinity of sexually oriented businesses. Additionally, hidden ownership interests for the purpose of skimming profits, avoiding payment of taxes, and racketeering have historically occurred in sexually oriented businesses, in the absence of regulations.

(14) The City Council therefore finds that the protection and the preservation of the public health, safety and welfare requires establishment of this chapter.

(15) There are sufficient important and substantial government interests to provide a constitutional basis for reasonable regulation of time, place, and manner under which sexually oriented businesses can operate.

(16) It is not the intent of this chapter to unconstitutionally suppress any speech activities protected by the First Amendment of the United States Constitution or Article I, Section 5 of the Washington State Constitution but to enact content neutral chapters which address the secondary effects of sexually oriented businesses, as well as the health problems associated with such businesses.

(17) In a family community, sexually oriented businesses are not uniformly compatible with community standards, as defined during the numerous public hearings.

(18) The law enforcement resources available for responding to problems associated with or created by sexually oriented businesses are limited and are best conserved by regulating and licensing sexually oriented businesses and those associated with them.

(19) In order to assure that all conditions, regulations, etc., are met, the City has established a reasonable time period for review of license applications. (Ord. 611 § 8 (Att. A), 2016)

21.25.030 Definitions.

For the purposes of this chapter, certain terms and words are defined as follows:

(1) “Sexually oriented business” shall mean those businesses defined as follows:

(a) “Adult arcade” shall mean an establishment containing any individual viewing areas or booths, where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of specified sexual activities or specified anatomical areas.

(b) “Adult bookstore,” “adult novelty store,” or “adult video store” shall mean a commercial establishment which has 30 percent or more of its inventory or floor space used for the sale or rental, for any form of consideration, any one or more of the following:

(i) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations or sexually oriented paraphernalia or novelty items, which are characterized by the depiction, description or reproduction of specified sexual activities or specified anatomical areas; or

(ii) An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting, describing or reproducing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as 30 percent or more of its inventory or floor space is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.

(iii) Video stores that sell and/or rent video tapes or other photographic reproductions and associated equipment shall come within this definition if 30 percent or more of the inventory or floor space includes the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction, description or reproduction of specified sexual activities or specified anatomical areas.

(c) “Adult cabaret” shall mean a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features:

(i) Persons who appear semi-nude or nude; or

(ii) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(d) “Adult motel” means a hotel, motel, or similar commercial establishment which:

(i) Offers sleeping accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(ii) Offers a sleeping room for rent for a rental fee period of time that is less than 20 hours; or

(iii) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 20 hours.

(e) “Adult motion picture theater” shall mean a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities are shown for any form of consideration.

(f) “Adult theater” shall mean a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, features persons who appear live in a semi-nude or nude state, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.

(g) “Escort agency” means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its business purpose for a fee, tip, or other consideration. This shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm.

(h) “Nude or semi-nude model studio” shall mean any place where a person, who appears nude or semi-nude, or displays specified anatomical areas, is provided for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

(2) “Barker” shall mean any person who is located at the entrance of or outside of a sexually oriented business, and attempts to solicit business for the same by using voice or gestures.

(3) “City” means the City of Woodinville, Washington.

(4) “Director” means the City Clerk, or designee.

(5) “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 sexually oriented business of live entertainment, adult theater, or adult use establishments, whether or not such person is paid compensation by the operator of said business.

(6) “Entertainer” means any person who provides sexually oriented live entertainment in an adult cabaret or adult theater, whether or not they are an employee of the business and whether or not a fee is charged or accepted for such entertainment, and whether or not nude, semi-nude or clothed.

(7) “Manager” means any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of a sexually oriented business.

(8) “Escort” means a person who provides services for an escort service as defined herein, who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(9) “Establishment” shall mean and include any of the following:

(a) The opening or commencement of any sexually oriented business as a new business; or

(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented businesses defined herein; or

(c) The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or

(d) The relocation of any such sexually oriented business; or

(e) An existing sexually oriented business.

(10) “Nude or state of nudity” shall mean the appearance or less than complete and opaque covering of the human anus, male genitals, female genitals, or the areola or nipple of the female breast.

(11) “Operator” shall mean and include the owner, significant stockholder or significant owner of interest, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.

(12) “Permitted and/or licensed premises” shall mean any premises that requires a license and/or permit and that is classified as a sexually oriented business.

(13) “Permittee and/or licensee” shall mean a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

(14) “Person” shall mean any individual, firm, joint venture, co-partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit.

(15) “Semi-nude” shall mean a state of dress in which clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

(16) “Specified anatomical areas” shall mean and include any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(17) “Specified criminal activities” shall mean any conviction for acts which are sexual crimes against children, sexual abuse, rape, or distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering.

(18) “Specified sexual activity” shall mean and include any of the following:

(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

(c) Masturbation, actual or simulated; or

(d) Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or

(e) Excretory functions as part of or in connection with any of the activities set forth in subsections (18)(a) through (d) of this section.

(19) “Sexually oriented live entertainment” means a live performance which is characterized by the performer’s exposure of specified anatomical areas or performance of specified sexual activities.

(20) “Obscenity” shall mean the definition of lewd material provided by RCW 7.48.050, including any matter:

(a) Which the average person applying contemporary community standards would find, when considered as a whole, appeals to the prurient interests in sex; or

(b) Which explicitly depicts or describes patently offensive representations or descriptions of:

(i) Ultimate sexual acts, normal or perverted, actual or simulated; or

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibitions of the genital or genital areas; or

(iii) Violent or destructive sexual acts, including, but not limited to, human and/or animal mutilation, dismemberment, rape and/or torture; or

(iv) Has a dominant theme which appeals to the prurient interests of minors and sex; which is patently offensive because it affronts contemporary community standards relating the description of representation of sexual matters or sadomasochistic abuse; and

(c) Which when considered as a whole lacks serious, literary, artistic, political or scientific value.

(21) “Transfer of ownership or control” of a sexually oriented business shall mean and include any of the following:

(a) The sale, lease, or sublease of the business; or

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

(c) 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 upon the death of a person possessing the ownership or control. (Ord. 611 § 8 (Att. A), 2016)

21.25.040 Prohibition.

For the reasons stated in the recitals to the ordinance codified in this chapter and WMC 21.25.010, a person shall not use any property or premises for a sexually oriented business within the City of Woodinville, except as permitted in this chapter and WMC 21.21.080(B). (Ord. 611 § 8 (Att. A), 2016)

21.25.050 Regulated uses.

All sexually oriented businesses are subject to the provisions of WMC 21.25.040 and the regulations contained in this chapter. (Ord. 611 § 8 (Att. A), 2016)

21.25.060 Permit required.

(1) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit, issued by the City for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates, knowingly allows or causes to be operated a sexually oriented business without said permit.

(2) The City Clerk, or his/her designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits and related licenses. The Building Official and City Planner or his/her designee are responsible for ascertaining whether a proposed sexually oriented business for which a permit and/or license is being applied complies with all requirements enumerated herein and all other applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter.

(3) An application for a sexually oriented business permit shall be made on a form provided by the City. Each person desiring to operate a sexually oriented business shall file with the City Clerk an application supplied by the City.

(4) An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the City Clerk may request information or clarification in addition to that provided in a complete application. The completed application shall contain the following information and shall be accompanied by the following documents:

(a) If the applicant is:

(i) An individual/sole proprietor, the individual/owner shall state his/her legal name and any aliases, stage names, or previous names, date of birth, social security number and submit satisfactory proof that he/she is 18 years of age or older.

(ii) A partnership, the partnership shall state its complete name, and the legal names of all partners, including their dates of birth, social security numbers, and submit satisfactory proof that each is 18 years of age and whether the partnership is general or limited, and a copy of the partnership agreement, if any.

(iii) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State of Washington, the legal names, dates of birth, social security numbers, proof that each is 18 years of age or older and the capacity of all officers, directors and principal stockholders, the name of the registered corporate agent, and the address of the registered office for service of process.

(iv) As a part of the application process, each officer, director, or principal stockholder, as defined above, shall provide the City Clerk with an affidavit attesting to their identity and relationship to the corporation. Principal stockholder shall mean those persons who own 10 percent or greater interest in the sexually oriented business.

(b) Whether the applicant or any other individuals listed pursuant to subsections (4)(a)(i), (ii) and (iii) of this section within a four-year period immediately preceding the date of the application has been convicted of a specified criminal activity and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

(c) Whether the applicant or any of the other individuals listed pursuant to this section has, within the last four years, had a previous permit or license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation.

(d) Whether the applicant or any other entity listed pursuant to this section holds any other permits and/or licenses under this chapter, et seq., or other similar sexually oriented business license from another city or county and, if so, the names and locations of such other permitted businesses.

(e) The single classification of permit for which the applicant is filing.

(f) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.

(g) The applicant’s mailing address and residential address.

(h) Two two-inch by two-inch black and white photographs of the applicant, including any corporate applicants, taken within six months of the date of the application, showing only the full face of the same. The photographs shall be provided at the applicant’s expense. The license, when issued, shall have affixed to it one such photograph of the applicant.

(i) The applicant or each corporate applicant’s driver’s license number, social security number, and/or his/her State or Federally issued tax identification number.

(j) Each application shall be accompanied by a complete set of fingerprints of each person required to be a party to the application, including all corporate applicants as defined above, utilizing fingerprint forms as prescribed by the Chief of Police or his/her designee.

(k) In the case of all sexually oriented businesses, 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 must be professionally prepared and accepted by the City, and it 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.

(l) Applicants for a permit and/or license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the City Clerk or his/her designee shall be grounds for suspension of a permit and/or license.

(m) In the event the City Clerk or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business permit or license, he/she shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

(n) The applicant must be qualified according to the provisions of this section, must have a current City business license, and the premises must be inspected and found to be in compliance with health, fire, and building codes of the City.

(o) The applicant shall be required to pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. This is a processing fee. License fees shall also be required in the event the application is approved.

(p) The fact that a person possesses other types of State or City permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.

(q) The application form for licenses and permits issued under this chapter shall contain a provision providing that under penalty of perjury, the applicant verifies that the information contained therein is true to the best of his/her knowledge.

(r) If any person or entity acquires, subsequent to the issuance of an adult business license, a significant interest in the licensed adult entertainment facility, notice of such acquisition shall be provided in writing to the City Clerk within 21 calendar days following such acquisition and the person acquiring the interest shall submit a complete application to the City Clerk pursuant to this section within 45 calendar days of acquiring such interest. For the purpose of this section, “significant interest” means principal responsibility for management or operation of an adult entertainment facility. (Ord. 611 § 8 (Att. A), 2016)

21.25.070 Investigation and application.

(1) Upon receipt of an application properly filed with the City Clerk, and upon payment of the nonrefundable processing fee, the City Clerk or his/her designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to other City departments or other agencies responsible for enforcement of health, fire, and building codes and laws. Each department or agency shall promptly conduct an investigation of the application and the proposed sexually oriented business. Said investigation shall be completed within 20 working days of receipt of the application by the City Clerk or his/her designee, unless circumstances support extending the same. If such circumstances exist, the City shall inform the applicant of the same and why, and said extension shall not exceed 10 additional calendar days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its recommendation as to approval or disapproval of the application, date it, sign it, and in the event it recommends disapproval, state the specific reasons therefor, citing applicable laws or regulations.

(2) In the event the proposed adult entertainment facility is in a state of construction at the time of the inspection, each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any adult business license approved prior to final construction of the adult entertainment facility shall contain a condition that the adult entertainment facility shall not open for business until the facility has been inspected and determined to be in compliance with applicable laws and regulations and substantially conforms with the drawings submitted with the application.

(3) A department or agency shall recommend disapproval of an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the City, or if the applicant does not meet the conditions as specified in this chapter. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the City Clerk or his/her designee. (Ord. 611 § 8 (Att. A), 2016)

21.25.080 Issuance of permit.

(1) The City Clerk or his/her designee shall grant or deny an application for a permit within 30 days from the date of its proper filing unless the City or applicant establishes a good reason for an extension.

(2) Grant of Application for Permit.

(a) The City Clerk or his/her designee shall grant the application unless one or more of the criteria set forth in subsection (3) of this section (Denial of Application for Permit) is present.

(b) The permit, 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 sexually oriented business. The permit shall be posted in a conspicuous place, at or near the entrance to the sexually oriented business so that it can be easily read at any time. It shall be valid until the end of the year.

(3) Denial of Application for Permit. The City Clerk or his/her designee shall deny the application for any of the following reasons:

(a) An applicant is under 18 years of age or will be employing a person under 18 years of age.

(b) An applicant is overdue on his/her payment to the City of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.

(c) An applicant has failed to provide information required by this section or the application for the issuance of the permit, or has falsely answered a question or request for information on the application form.

(d) The applicant has failed to comply with any provision or requirement of this chapter.

(e) The premises to be used for the proposed sexually oriented business are not in compliance with applicable laws and ordinances.

(f) The applicant has been convicted, forfeited bail or other adverse finding for a specified criminal activity within the four years prior to the application date. (Ord. 611 § 8 (Att. A), 2016)

21.25.090 Licenses required for sexually oriented businesses – Fees.

(1) No sexually oriented business shall be operated or maintained in the City of Woodinville unless the owner or operator has obtained a sexually oriented business permit as set forth above, and the applicable licenses from the City Clerk. For adult cabarets the required license shall be the adult cabaret license set forth in subsection (2) of this section. It is unlawful for any entertainer, employee, or operator to knowingly work in or about or knowingly perform any service directly related to the operation of an unlicensed adult cabaret business. Any adult cabaret must meet all of the requirements for a sexually oriented business license as set forth above.

(2) The annual fee for an adult cabaret business license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter.

(3) The annual license fee for all other sexually oriented businesses described in subsection (2) of this section shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter.

(4) The above-referenced licenses expire annually on December 31st and must be renewed by January 1st.

(5) The applicant must be 18 years of age or older. (Ord. 611 § 8 (Att. A), 2016)

21.25.100 Licenses for managers, entertainers, escorts, or nude or semi-nude models – Fee.

(1) No person shall work or perform as a manager, entertainer, escort, or nude or semi-nude model at an adult entertainment facility without a valid manager’s or entertainer’s license issued by the City Clerk.

(2) All applications shall be submitted to the City Clerk on a form supplied by the City and shall contain or be accompanied by all of the following information and documents:

(a) The date of the application.

(b) The legal name, any previous names, any aliases, any driver’s license number, any social security number, and the date of birth of the applicant.

(c) Documentation that the applicant has attained the age of 18 years. Any of the following shall be accepted as documentation of age:

(i) A valid driver’s license issued by any State bearing the applicant’s photograph and date of birth;

(ii) A valid identification card issued by any State 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 form of identification that the City Clerk determines to be acceptable.

(d) The height, weight, hair and eye color of the applicant.

(e) The present mailing and residential address of the applicant.

(f) The name and address of the adult entertainment facility at which the applicant will work or perform.

(g) A description of the principal activities or services to be rendered by the applicant at the adult entertainment facility.

(h) Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.

(i) A complete set of fingerprints of the applicant, taken by a designated City official, on a form adopted and approved by the City of Woodinville Police Department.

(j) A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense.

(k) A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.

(l) A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.

(m) Authorization for the City, its agents, and employees to seek information to confirm any statements or other information set forth in the application.

(3) The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge.

(4) An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the City Clerk may request information or clarification in addition to that provided in a complete application.

(5) Each manager’s and entertainer’s license application shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.

(6) In addition to the requirements of this chapter, an applicant for a manager’s or entertainer’s license must also obtain any other permits or licenses required by State or local laws or regulations. (Ord. 611 § 8 (Att. A), 2016)

21.25.110 Temporary licenses for managers and entertainers.

An applicant for a manager’s or entertainer’s license shall be issued a temporary license upon the City’s receipt of a complete license application and fee. Said temporary license shall expire automatically on the fifteenth day following filing of a complete application and fee, unless the City Clerk has failed to approve or deny the license application, in which case the temporary license shall be valid until the City 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 City Clerk extend the application review time for more than an additional 20 days. (Ord. 611 § 8 (Att. A), 2016)

21.25.120 Due date for license fees.

All licenses required in this chapter must be issued and the applicable fees paid to the City Clerk at least 14 calendar days before commencing work at a sexually oriented business, and on an annual basis as described above. The sexually oriented business permit required by WMC 21.25.060 must only be renewed based on changed circumstances as set forth in WMC 21.25.060(4)(l). The fee structure for all fees and fines in this chapter shall be reviewed annually after a renewal has been applied for, to assure that the fees accurately reflect the cost of enforcement and administration of this chapter. (Ord. 611 § 8 (Att. A), 2016)

21.25.130 Manager on premises.

(1) A licensed manager shall be on duty at all sexually oriented business premises at all times during which the business is open to customers, whether the business provides live or other performances. The manager shall be stationed at a location within the facility where he or she shall have an unobstructed view of all public portions of the facility.

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

(3) It shall be the responsibility of the manager to verify that any entertainer who works or appears within the premises possesses a current and valid entertainer’s license posted in the manner required by this chapter.

(4) The manager shall not knowingly allow a violation of this code to continue or exist at the facility. (Ord. 611 § 8 (Att. A), 2016)

21.25.140 License nontransferable.

No license or permit issued pursuant to this chapter shall be transferable. (Ord. 611 § 8 (Att. A), 2016)

21.25.150 License – Posting and display.

(1) Every entertainer, manager, escort or model shall post his/her license in his/her work area so that it is readily available for public inspection.

(2) Every person, corporation, partnership, or association licensed under this chapter shall display its license in a prominent place within the establishment. In the case of adult cabarets, the name of the manager on duty shall be prominently posted during business hours. (Ord. 611 § 8 (Att. A), 2016)

21.25.160 Specifications – Adult cabarets and adult theaters.

(1) Separation of Sexually Oriented Live Entertainment Performance Area. The portion of adult cabaret, adult theater or any other premises in which sexually oriented business live entertainment is performed shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous railing at least three feet in height and located at least six feet from all points of the sexually oriented live entertainment performance area shall separate the performance area and the patron areas.

(2) Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor on 10-foot centers shall be provided and equally distributed in and about the public portions of the cabaret or theater, including the patron seating areas, so that all objects are plainly visible at all times.

(3) Submittal of Plans. Building plans and lighting calculations showing conformance with the requirements of this section shall be included with any application for an adult cabaret or adult theater business license. Building plans must be in compliance with all building, planning and other applicable State, local and Federal regulations. (Ord. 611 § 8 (Att. A), 2016)

21.25.170 Standards of conduct and operation applicable to adult cabarets.

(1) Standards for Patrons, Employees and Entertainers. The following standards of conduct must be adhered to by patrons, entertainers and/or employees of adult cabarets at all times live performances are provided:

(a) No employee or entertainer may appear nude on any part of the premises open to view of members of the public, except in the entertainment performance area described in WMC 21.25.160(1). No entertainer may perform anywhere on the premises except in the entertainment performance area described above.

(b) No patron or customer shall go into or upon the sexually oriented live performance area described in WMC 21.25.160(1).

(c) No member of the public or employee or entertainer shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of themselves or another.

(d) No member of the public or employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public.

(e) No employee or entertainer shall perform acts of or acts which simulate:

(i) Sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts the performance of which are prohibited by law; or

(ii) The touching, caressing, or fondling of the breasts, buttocks, pubic area, or genitals.

(f) No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.

(g) No activity or entertainment occurring at or in an adult cabaret, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the adult cabaret.

(h) No entertainer or other employee employed or otherwise working at an adult cabaret or adult theater shall solicit, demand, accept, or receive either directly or indirectly any gratuity or other payment from a patron, customer, or member of the public except an initial entrance fee or similar fee set out by the premises.

(i) It is unlawful for any entertainer, manager, or waitperson to perform more than one such function at an adult cabaret on the same business day.

(j) No customer or patron of an adult cabaret shall give either directly or indirectly, or otherwise provide an entertainer with a gratuity or other payment, except an initial entrance fee or similar fee set out by the premises.

(k) When not performing, entertainers are prohibited from being present in areas of the establishment that are open to the patrons of the establishment. Entertainers are required to use separate restroom facilities.

(l) At least two signs, in English, of sufficient size to be readable at 20 feet shall be conspicuously displayed in the public area of the establishment stating the following:

THIS ADULT CABARET OR ADULT THEATER IS REGULATED BY THE CITY OF WOODINVILLE. ENTERTAINERS ARE:

(i) Not permitted to engage in any type of sexual conduct;

(ii) Not permitted to appear nude except on stage;

(iii) Not permitted to appear semi-nude or clothed and dance or model, except on stage;

(iv) Not permitted to dance or model except on stage;

(v) Not permitted to solicit, demand, accept, or receive directly or indirectly any gratuity or other payment from a patron.

(m) There must be at least one employee not an entertainer on duty and situated in any public area at all times that any patron, member or customer is present inside the premises.

(n) Doors to areas on the premises which are available for use by persons other than the owner, manager, operator or their agents or employees may not be locked during business hours.

(o) No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of patrons, members, customers or any other persons that police officers or health, fire or building inspectors are approaching or have entered the premises.

(2) Standards for Owner or Operator of Adult Cabarets or Adult Theaters. At any adult cabaret or adult theater where live performances are provided:

(a) Admission must be restricted to persons of the age of 18 years or more pursuant to RCW 9.68A.150; and the identification of all patrons must be checked by the employees of the premises.

(b) A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor on 10-foot centers shall be provided and equally distributed in and about the public portions of the cabaret or theater, including the patron seating areas, so that all objects are plainly visible at all times. (Ord. 611 § 8 (Att. A), 2016)

21.25.180 Regulations.

All adult bookstores, adult novelty stores, adult arcades, or adult video stores having facilities for customers’ viewing of depictions of human nudity and/or sexual conduct of any nature, including depictions of specified sexual activities, shall comply with the following regulations:

(1) Construction/Maintenance.

(a) The viewing areas within the sexually oriented adult arcade premises shall each be visible from a manager’s station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section “viewing area” means the area where a patron or customer would be positioned while watching a film, video or other viewing device.

(b) All areas shall be maintained in a clean and sanitary condition at all times. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor on 10-foot centers shall be provided and equally distributed in and about the public portions of the cabaret or theater, including the patron seating areas, so that all objects are plainly visible at all times.

(c) Restrooms may not contain video reproduction equipment.

(d) No steps or risers are allowed in any adult arcade booth or station.

(e) No adult arcade station or booth shall have more than one stool type seat. In order to prevent obscuring the occupant of an adult arcade station or booth from view, no stool for seating within an adult arcade station or booth shall have any seat back or sides.

(f) All ventilation devices between the adult arcade booths must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. There may not be any other holes or openings (“glory holes,” etc.) in the booths.

(g) No person may operate any kind of warning device or system for the purpose of warning or aiding or abetting the warning of any patron, employee or other persons that the police, health, fire or building inspector or other public officials are approaching or entering the premises.

(h) The licensee shall not permit any doors to public areas on the premises to be locked during business hours, in violation of the applicable provisions of the Woodinville Building Code, Uniform Fire Code, and National Fire Protection Association Code.

(i) No person under 18 years of age shall be permitted in such premises. The employees shall check identification of all who enter.

(2) Unlawful Conduct. The following conduct or activity is unlawful:

(a) Masturbation or sexual activity of any kind in viewing booths;

(b) Two or more customers in a viewing booth at the same time;

(c) For the owner or manager to knowingly allow any of the disallowed conduct;

(d) Noncompliance with any other regulations set forth in this chapter.

(3) Signs. At least two signs shall be conspicuously and permanently posted on the premises in readable English type from 10 feet away, advising customers using viewing booths that:

(a) Masturbation in such booths is prohibited and unlawful;

(b) That it is unlawful for more than one customer to occupy a viewing booth at any time;

(c) Violations are subject to criminal prosecution. (Ord. 611 § 8 (Att. A), 2016)

21.25.190 Regulations applicable to video stores not qualifying as sexually oriented businesses.

Video stores that sell or otherwise distribute films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and less than 30 percent of their revenues, inventory or floor space includes such items, shall be subject to State regulations, and the following:

(1) All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store.

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

(3) Signs, in English, readable at a distance of 20 feet shall be posted at the entrance to the area where such items are displayed stating that persons under the age of 18 are not allowed access to the area where “erotic” items as defined by State statute and/or court order are displayed.

(4) The manager or attendant shall take reasonable steps to monitor the area where such “erotic” items are displayed to ensure that persons under 18 years of age do not access the age-restricted area.

(5) Rental or sale of obscene material (as defined herein) shall be considered a moral nuisance, and subject to abatement pursuant to this chapter and RCW 7.48.058.

(6) Employees of such video stores shall check identification for the age of all persons renting or purchasing such “erotic” items.

(7) The store shall not employ anyone under 18 if the store sells or otherwise distributes films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. (Ord. 611 § 8 (Att. A), 2016)

21.25.200 Exemptions.

This chapter shall not be construed to prohibit:

(1) A person appearing in a state of nudity or semi-nudity, modeling in a class operated by: a proprietary school, licensed by the State of Washington; a college, junior college, or university supported entirely or partly by taxation; a private college university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or the modeling of clothing or lingerie in a full-service restaurant where no consideration is charged, whether directly or indirectly, specified anatomical areas are opaquely covered and not exposed by the model and the models are not within six feet of any patron of the restaurant;

(2) Plays, operas, musicals, or other dramatic works that are not obscene;

(3) Classes, seminars, and lectures held for serious scientific or educational purposes that are not obscene; or

(4) Exhibitions, performances, expression or dances that are not obscene. (Ord. 611 § 8 (Att. A), 2016)

21.25.210 License – Name of business and place of business.

No person granted a permit and/or license pursuant to this chapter shall operate a sexually oriented business under a name not specified in his/her license, nor shall he/she conduct business under any designation or at a location not specified in his/her permit and/or license. (Ord. 611 § 8 (Att. A), 2016)

21.25.220 Inspections.

(1) All books and records required to be kept pursuant to this chapter shall be open to inspection by the Chief of Police or designee of the City of Woodinville during the hours when the licensed premises is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter.

(2) The licensed premises shall be (as an implied condition of receiving a sexually oriented business permit and/or license) open to inspection by the City’s Chief of Police, fire or health officials, or their designees during the hours when the sexually oriented business premises is open for business. The purpose of such inspection shall be to determine if the licensed premises is 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. (Ord. 611 § 8 (Att. A), 2016)

21.25.230 Hours of operation.

It is unlawful for any sexually oriented business premises, except adult motels, to be conducted, operated, or otherwise open to the public between the hours of 1:00 a.m. and 4:00 p.m. (Ord. 611 § 8 (Att. A), 2016)

21.25.240 Alcohol prohibited.

Alcoholic beverages are prohibited from being served or present at any business subject to regulation under this chapter. (Ord. 611 § 8 (Att. A), 2016)

21.25.250 Recordkeeping requirements.

(1) Within 30 days following each calendar quarter, each sexually oriented business licensee shall file with the City Clerk a verified report showing the licensee’s gross receipts and amounts paid to entertainers, models, or escorts, if applicable, for the preceding calendar year.

(2) Each sexually oriented business licensee shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, social security numbers and ages of all persons employed or otherwise retained as entertainers, models, and escorts by the licensee. (Ord. 611 § 8 (Att. A), 2016)

21.25.260 Denial, suspension or revocation of license or permit – Procedures – Appeal.

(1) When the City Clerk refuses to grant a license or permit under this chapter, or revokes the same, he/she shall notify the applicant in writing of the same, describing the reasons therefor, and shall inform the applicant of his right to appeal to the City Council within 10 days of the date of the written notice by filing a written notice of appeal with the City Clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested.

(2) Whenever the City Clerk has found or determined that any violation or change in circumstances of this chapter has occurred, s/he shall issue a notice of violation and suspension or revocation (“notice”) to the licensee or permit holder.

(3) The notice shall include the following:

(a) Name(s) of person(s) involved;

(b) Description of the violation(s), including date and section of this chapter violated;

(c) Description of the administrative action taken;

(d) Rights of appeal as set forth above.

(4) The notice shall be served either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the licensee at his or her last known address. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting the service, declaring the time, date, and the manner by which service was made. The decision may be appealed to the City Council if request for appeal is filed with the City Clerk within 10 days of receipt of the notice. Said request shall be in writing, state specific reasons for the appeal, and the relief requested.

(5) The suspension or revocation of a license shall be immediately effective unless a stay thereof is specifically requested in the written request for an appeal. If a request for such a stay is made, the licensee may continue to engage in the activity for which the license was issued pending the decision of the City Council, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety.

(6) Within 10 days of receiving a timely appeal, the City Clerk shall forward the administrative record of the licensing decision to the City Council.

(7) When an applicant has appealed the City Clerk decision according to the stipulations herein, the City Council shall review the administrative record at the next regularly scheduled meeting for which proper notice can be given. Written notice of the date and time of the scheduled meeting will be given to the applicant by the City Clerk by mailing the same, postage prepaid, to the applicant at the address shown on the license or permit application.

(8) If the licensee appeals the notice to the City Council, the licensee shall be afforded a reasonable opportunity to be heard as to the violation and action taken. The applicant and City Clerk or his representative shall be given an opportunity to argue the merits of the appeal before the City Council. Oral argument by each party shall not exceed 10 minutes and shall be limited to the administrative record before the Council.

(9) The City Council shall uphold the City Clerk’s decision unless it finds the decision is not supported by substantial evidence in the administrative record. The City Clerk shall have the initial burden of proof.

(10) The City Council shall issue a written decision within 10 days of hearing the appeal. The Council may uphold the City Clerk’s decision and deny the permit, overrule the City Clerk’s decision and grant the permit, or remand the matter to the City Clerk for further review and action. The City Clerk shall complete further action or review within 30 days of receiving the remand.

(11) Decision by the City Council shall constitute final administrative review. Applicant shall be responsible for the cost of any preparation of record for appeal.

(12) Either party may seek judicial review of a final decision of the City Council as provided by law. If a licensee timely appeals a decision of the City Council, the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety.

(13) Applicant shall be responsible for the cost of any preparation of record for appeal. (Ord. 611 § 8 (Att. A), 2016)

21.25.270 Suspension or revocation of license/permit – Duration.

(1) The City shall suspend any license as required by this chapter for a period of 90 days upon the licensee’s first violation of this chapter.

(2) The City shall suspend any license required by this chapter for a period of 180 days upon the licensee’s second violation of this chapter.

(3) The City shall revoke any license required by this chapter for a period of two years upon the licensee’s third, or any subsequent, violation of this chapter.

(4) Notwithstanding the other provisions of this chapter, the City shall revoke or deny the renewal of any license required by this chapter for two years if the licensee has made any false or misleading statements or misrepresentations to the City.

(5) Application for a new license may be made following the expiration of the applicable revocation period. (Ord. 611 § 8 (Att. A), 2016)

21.25.280 Applicability to currently operating businesses.

Any sexually oriented business legally operating upon the effective date of this chapter shall be exempted from the permit and application requirements of WMC 21.25.060, 21.25.070 and 21.25.080 for the remainder of 1994. This section shall not be construed to exempt any legally operating adult bookstore from ceasing to operate portions of such business as an adult arcade pursuant to other regulations. (Ord. 611 § 8 (Att. A), 2016)

21.25.290 Limitations of liability.

None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 611 § 8 (Att. A), 2016)

21.25.300 Penalties for violation.

Any person violating any provision(s) of this chapter shall be guilty of a misdemeanor. Any person convicted of such a violation shall be punished by a fine of not more than $1,000 or a jail term of not more than 90 days, or both. Each such person is guilty of a separate misdemeanor for each and every day which any violation of this chapter is committed, continued, or permitted by any such person and said person shall be punished accordingly. Any persons violating any of the provisions of this chapter shall also be subject to license suspension or revocation and nuisance abatement as set forth herein. (Ord. 611 § 8 (Att. A), 2016)

21.25.310 Public nuisance – Injunctions.

Any sexually oriented businesses in violation of this chapter shall be deemed a public nuisance, which, in addition to all other remedies, may be abated by injunctive relief. (Ord. 611 § 8 (Att. A), 2016)