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Ord 92-132 ORDINANCE NO. 92-132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE LICENSING AND REGULATIONS OF PUBLIC DANCES AND DANCE HALLS, ESTABLISHING LICENSING REQUIREMENTS, PENALTIES, ESTABLISHING GROUNDS FOR REVOCATION OF LICENSES, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Way City Council, based on public testimony and other evidence presented to it, finds that the unregulated location and operation of public dance halls contribute to the problems associated with property damage and/or juvenile violence; and alcohol and drug abuse by minors; and WHEREAS, the Federal Way City Council finds that the regulations set forth in this ordinance will help prevent the operation of public dance halls from contributing to such problems and that these regulations are necessary to protect the public health, safety and welfare; and WHEREAS, based upon the facts presented to the Council including the statistics of violations of disturbances/fights, assaults, and firearm incidents, immediate regulation of dance clubs constitutes a basis for emergency passage of this Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. A new chapter of the Federal Way City Code ("FWCC") entitled "Public Dances and Dance Hall License and Regulations" is created as follows: 9.36. DEFINITIONS. For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted: A. "Applicant" means any persQn who applies for a license to operate a public dance at a dance hall. I B. "City" means the City of Federal Way, a Washington municipal corporation. C. "City Clerk" means the person designated by the City to act in the capacity of City Clerk. D. "Designated parking area" means that area specifically described in applicant's license application to be used by dance hall patrons, which area shall include the minimum number of parking stalls required by the City's zoning code. COpy E. F. G. H. "Dance hall" means any place or premise where a public dance is conducted, and any and all areas attached to or adjacent to such premises including but not limited to, all hallways, bathrooms, designated parking areas and all adjoining non- public areas accessible to the public or any patron during the dance. "Fire Chief" means the Fire Chief of the Federal Way Fire District or his or her designee. "Law enforcement training" means either: (1) prior commissioned law enforcement experience from any jurisdiction occurring within five (5) years of the date of application; or (2) minimum security qualifications as follows: (a) security Security guard. In order to qualify as a guard, a person must: (i) Be eighteen (18) years of age or older; (ii) Submit a set of fingerprints (iii) Have no criminal history in violation of FWCC 9.45(A) (3) and (4); and (iv) Proof of satisfactory completion of training as required for security guard state license (RCW 18.170.010 et seq.) (b) Armed security guard. In order to qualify as an armed security guard, a person must: (i) Meet all of the requirements of a security guard; and (ii) Present proof of successful completion of a firearms training course of a minimum of eight (8) hour classes and proficiency training provided by an organization or trainer approved by the state criminal justice training commission pursuant to RCW 18.170 and RCW 43.101. "Licensee" is any person licensed to operate a public dance at a dance hall. I. "Person" includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization, whether currently existing or forilled after the effective date of the ordinance codified by this chapter. - 2 - J. K. A. B. C. "Police Chief" means the chief law enforcement officer for the City of Federal Way or his or her designee. "Public dance" means any dance that is open to the public and which: (1) is conducted for a profit, direct or indirect; or (2) requires a monetary payment or contribution from the persons admitted. The term "public dance" does not include a banquet, party or celebration conducted for invited guests which is not open to the public, and for which no fee or membership contribution is required. Additionally, the term "public dance" does not include any dance held by a licensed liquor establishment, or at any location where alcoholic beverages are legally served, sold, dispensed, or permitted on the premises; it being the intention that said dances be governed by the appropriate provisions of RCW Chapter 66., and all other pertinent laws and regulations. 9.37 LICENSE REOUIRED - FEE - RENEWALS It is unlawful for any person to conduct a public dance within the City without first having obtained and being the holder of a valid and subsisting license for such activity. The person desiring to conduct a public dance shall be responsible for obtaining a license, and paying the annual fee charged pursuant to the City fee schedule on file with the city Clerk. A limited license for a single event may be issued by the City Clerk and licensee shall pay a single event fee pursuant to the City fee schedule. No more than three (3) limited licenses in any calendar month or more than six (6) limited licenses in any calendar year will be issued by the City Clerk unless the full annual license fee has been paid. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be obtained and paid in full by January lst of each calendar year. In the event any renewal license application is not filed and/or license fee paid on or before January 31st of each calendar year, there shall be - 3 - assessed and collected by the City Clerk an additional late fee pursuant to the fee schedule on file with the City Clerk. D. Failure to obtain a license renewal and to pay all required fees on or before January 31st of each calendar year shall result in suspension and/or revocation of the license pursuant to FWCC 9.45, until such time as all required license renewal applications have been submitted and all fees have been paid. E. All dance halls are required to have a public assembly permit as defined by the Uniform Fire Code, in addition to this license. A. 9.38 LICENSE - EXCEPTIONS - FEE WAIVER B. 9.39 A license is not required under this chapter if the dance is conducted by the City or by a public and/or private school licensed by the state of Washington. A license shall be required for all nonprofit tax exempt organizations, corporations or associations recognized by the united States of America as exempt from federal income taxation pursuant to 501(c) (1) or (3) of the Internal Revenue Code of 1954, 26 U.S.C. 501, as now existing or hereafter amended; provided, however, that such nonprofit organizations, corporations or associations shall not be obligated to pay any application, license, processing or other fee pursuant to this chapter and shall not be required to provide a cash deposit or post a bond as security for litter removal pursuant to FWCC 9.43 herein; provided, further, however, that in the event such non-profit organization fails to remove all litter on any public or private property resulting from any public dance within twenty-four (24) hours of the end of the public dance, a cash deposit or bond shall be required pursuant to FWCC 9.43. LICENSE - APPLICATION A. Applications for any license or renewal of any license pursuant to this chapter shall be submitted in writing on forms provided by the City Clerk at least thirty (JOi days prior to the first dance or in the case of renewals, at least thirty (30) days prior to the expiration date of the existing license. Applications submitted less than (30) thirty days prior to an event may be charged a - 4 - B. C. 9.40 processing fee in addition to the regular fee except in the case of the initial application covering a dance hall existing prior to the adoption of this chapter. In addition to other information requested, application forms shall contain the name and place of residence of the applicant and the owner of the premises where the dance hall is located, if the applicant is a corporation or a partnership, the names and addresses of the officers, directors or partners thereof, the address and description of the premises to be licensed, including the designated parking area, the time and date of the dance or dances to be held in the case of a limited license and a general schedule of dances in the case of all other dance hall licenses, and a declaration by the applicant or, if the applicant is corporation or a partnership, the officers, directors, or partners, and the applicant's employers, employees or any other person involved in the operation of the dance hall of any conviction within the past five (5) years from the date of application. The application shall also include the names of persons employed as security persons, and proof that the requirements for their security training have been met, as defined in FWCC 9.36 (G). The city Clerk must be notified within 10 days of any changes in the information required in this Section. All applications shall be referred to the Police Chief who shall conduct an investigation as to the truth of the statements contained therein and investigate all other matters pertaining to the criteria for license approval set forth in this chapter. The Police Chief shall confer with the City Clerk as to the results of such investigation, as well as, his or her other findings as to whether the criteria for obtaining a public dance license have been met. Upon notification of the application, the Fire Prevention Division of the Fire Department will perform an inspection to ensure the dance hall premises meets all applicable fire codes. The Fire Department shall confer with the City Clerk as to the results of the inspection. LICENSE - CRITERIA FOR APPROVAL - REAPPLICATIONS A. The City Clerk shall grant a license unless he or she finds that one or more of the following conditions exist: - 5 - B. C. (1) The building, structure, equipment or location of the dance hall does not comply with the requirements or fails to meet the standards of the health, zoning, building, fire safety or other applicable laws and ordinances of the state of Washington, King County, and the City or the requirements of this chapter; (2) The location of the dance hall constitutes an unreasonable or inappropriate interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare. (3) The applicant or any of the applicant's employers, officers, directors, partners, operators, employees or any other person involved in the operation or business of the public dance or dance hall has been convicted within the last five years of: (a) A felony involving a crime of violence (as defined in RCW 9.41.010(2), as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50 (as these chapters now exist, or as hereafter amended); or (b) A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct, or assault on a juvenile. (4) The applicant or any of the applicant's employers, officers, directors, partners, operators, employees or any other person involved in the operation or business of the dance or dance hall has committed any act which, if committed by a licensee would be grounds for the suspension or revocation of a license pursuant to FWCC 9.45. Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists, or may appeal such denial pursuant to FWCC 9.41. Applications for renewal of a license issued under this chapter shall be processed and considered according to the criteria for the initial issuance of the license. - 6 - 9.41 APPEAL FROM DENIAL A. B. C. When the City Clerk declines to grant or renew a license, the City shall notify the applicant in writing of the same and shall inform the applicant of his or her right to a hearing before a hearing examiner designated by the city. The applicant can exercise this right by filing with the City Clerk a written notice of appeal containing a specific statement of the reasons for the appeal, within 10 days of the date of the City notice, and by paying a fee, pursuant to a fee schedule on file with the city Clerk. If the applicant files a timely notice of appeal, the applicant shall be afforded a hearing before the hearing examiner at which time the applicant shall be afforded an opportunity to show that the denial of the license is arbitrary and capricious. After the hearing, the hearing examiner shall determine whether the applicant has provided sufficient evidence, pursuant to the license criteria set forth in FWCC 9.40, to justify issuance of the license and shall issue the final findings of fact, conclusions of law and decision within 10 days of the date of the hearing. The applicant may appeal the hearing examiner's decision by seeking, within ten (10) days of such decision, a writ of review from the King County Superior Court. 9.42 SECURITY PERSONNEL REQUIRED. The licensee shall be responsible to insure that an adequate number of qualified security personnel are employed and in attendance before, during, and following each public dance as is necessary in order to maintain order and insure compliance with all applicable federal, state and City laws and ordinances. A minimum of four (4) security persons shall be required for up to the first fifty (50) persons in attendance of which two (2) security persons shall be located inside the dance hall premises, one (1) security person shall be located in the parking area and one (1) security person shall be located in the admission or waiting area. In addition to the minimum four (4) security persons, one (1) additional security person for each additional fifty (50) persons in attendance shall be required. The security personnel for the dance hall shall includE: a minimum of two (2) persons trained as law enforcement personnel and at no time shall fewer than twenty five percent (25%) of the security personnel have training as law enforcement personnel. Those security personnel not having law enforcement training must have - 7 - received formal training in crowd control by an agency not associated with the licensee. All security persons shall be required to be uniformed while on duty. A. B. C. D. 9.43 LITTER CONTROL - SECURITY Licensee shall submit to the City Clerk a cash deposit or post a bond in the amount of One Thousand Dollars and No/100 ($1,000.00), as security for the removal of all litter resulting from any public dance authorized by the license. In the event the licensee fails to remove all litter on any public or private property which results from any public dance conducted by the licensee within twenty-four hours of the end of the public dance, the City may cause such litter to be removed and pay the costs of the removal from the security funds. Litter resulting from the public dance shall be limited to that occurring within a twenty-five foot (25') radius of the location of the dance hall. In the event the cost of any litter removal exceeds the amount of funds on deposit, the licensee shall pay such excess costs. In the event funds are expended out of a security deposit required by this section, the licensee shall, within five days of receipt of written notice of such expenditure, submit the amount necessary to replenish the security fund to the amount of the full security deposit. No renewal license shall be issued unless the full amount of the security deposit for litter removal is on deposit with City at the time of the application for renewal. If funds sufficient to replenish the fund are not received within 5 days of receipt of written notice from the City, the dance hall license shall be suspended until sufficient funds are received. If the security funds for litter removal are fully expended within anyone (1) week period, or if the funds fall below $100.00 twice in any quarter or five times in any year, then the City Clerk shall require an additional cash deposit of $200.00. Upon termination of all activities authorized by a public dance license and removal of all litter resulting from such activity, the remainder of all security funds shall be refunded to the licensee, without interest. - 8 - 9.44 AREA FOR WAITING FOR ADMISSION AND SECURITY. A. B. C. 9.45 A. Any dance hall shall provide an area, which area is not part of the public right-of-way or sidewalks, where patrons may wait for admission to the dance hall. This area shall be clearly marked. The design of the waiting area should ensure that required exits are not blocked or obstructed by waiting patrons. The number of persons permitted in this area shall be limited to a number of persons reasonably likely to obtain admission to the dance hall within thirty (30) minutes considering the normal rate of turnover of patrons with the dance hall. At no time shall the number of patrons waiting exceed the permitted occupancy load of the dance hall as established by the Building Code and Fire Marshal. The dance hall operator shall provide security personnel to control the waiting area one hour before opening and one hour after closing, if patrons are present, and throughout the hours of operation. The security personnel shall use their best efforts to prevent persons seeking admission but not permitted in the waiting area from congregating on the public right-of-way and sidewalks, and the security personnel shall require such persons to leave the dance hall premises. All persons admitted to the dance hall shall be admitted through a single entrance so that the occupancy load can be monitored. The licensee and management of any dance hall shall prohibit any person under the influence of intoxicants or drugs from entering the dance hall and shall expel any person under such condition if found within the premises. REVOCATION OR SUSPENSION OF LICENSE Revocation or suspension of a license shall be determined by a committee composed of the city Clerk, city Attorney and Police Chief. Notice of suspension or revocation of any license may only occur when one or more of the following conditions are found to exist by the committee: (1) The license was procureà by fraud or false representation of material fact in the application or in any report or record required to be filed; - 9 - (2) (3) (4) The building, structure, equipment or location of the dance hall does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety codes, laws and ordinances of the state of Washington, King County, and the city, or the requirements of this chapter; The applicant or any of the applicant's officers, directors, partners, operators, or employees or any other person involved in the operation of the public dance or dance hall with the applicant's actual or imputed knowledge, has been convicted within the last five (5) years of: (a) A felony involving a crime of violence (as defined in RCW 9.41.010(2), as it now exists or as hereafter amended) or any felony under RCW Chapters 9A. 44, 9A.64, 9A.88 or 69.50, as they now exist or as hereafter amended; or (b) A crime involving prostitution, promoting prostitution, prostitution loitering lewd conduct, or assault on a juvenile. The licensee or his or her employee, agent, partner, employer, director, off icer or manager has knowingly allowed or permitted: (a) A felony involving a crime of violence (as defined in RCW 9.41.010(2), as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50, as they now exist or as hereafter amended, to occur in or upon the dance hall premises; or (b) A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct, or assault on a juvenile to occur in or upon the dance hall premises; or (c) Any unlawful act of sexual intercourse, sodomy, oral copulation, indecent exposure or masturbation to be committed in or upon the dance hall premises; or - 10 - B. (d) The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur; or (e) The possession or consumption of liquor by persons under the age of twenty-one years, in or upon dance hall premises; or (f) The giving or supplying of liquor to any person under the age of twenty-one years; or (g) The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance; or (h) Violation of any provision of this chapter, or of any other applicable law or ordinance, which the committee finds constitutes an unreasonable interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare; or (i) Failure to timely file and pay any admissions tax, business registration, license or other fee owing the City; or (j) Allowing any person under the influence of intoxicants or drugs onto or to remain on the dance hall premises. (5) Sound from the dance hall is at a volume so as to be audible from a distance greater than fifty feet (50') away from the dance hall. Revocation or suspension of a license shall occur only after (1) the licensee has been given notice of the committee's intent to revoke or suspend the license, which notice shall specifically state the applicable violations of section 9.45 (A), pursuant to the procedures set forth in FWCC 9.41, (2) a hearing has occurred, if the licensee has filed a timely request for a hearing, and (3) the hearing examiner has issued final findings of fact, conclusions of law and a decision on the hearing. - 11- c. If no request for a hearing is filed by the licensee then the revocation or suspension shall be in full force and effect upon the end of the period within which the licensee has to request a hearing. The licensee may appeal the hearing examiner's decision to revoke or suspend a license, by seeking, within ten (10) days of the hearing examiner's decision, a writ of review from the King County Superior Court. 9.46 AGE RESTRICTIONS A. B. C. D. No person conducting a public dance or maintaining a public dance hall shall knowingly allow persons under the age of sixteen (16) years to enter or remain in the dance hall without a parent or legal guardian present; provided that the presence of a parent or legal guardian shall not be required if the dance hall or specific public dance is limited to persons seventeen (17) years of age or younger. In such case, no persons eighteen (18) years of age or older shall knowingly be allowed to enter or remain on the premises with the exception of parents or guardians of the patrons, employees of the dance hall or entertainers hired by the dance hall to perform. It is the sole responsibility of the licensee and any other person conducting and/or operating a public dance to require identification showing the age of each person admitted. A valid drivers license or photo identification card issued by a state Department of Licensing or school picture identification card bearing the current year's date shall be the only acceptable forms of proof of age. Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor. Any person who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any public dance in violation of this chapter shall be guilty of a misdemeanor. 9.47 HOURS OF OPERATION. No public dance shall be operated past the hour of 1:00 a.m. 9.48 PUBLIC DANCE READMISSION FEE. No person conducting or operating a public dance or dance hall shall permit any person, other than an employee, to leave the public dance or dance hall or secured area adjacent - 12 - to the dance and return unless that person pays a readmission fee equal to the original price of admission. 9.49 ACCESS - BY POLICE AND FIRE OFFICERS. All police and fire officers shall have free access to public dances and dance halls when a dance is being conducted, for the purpose of inspection and to enforce compliance with the provisions of this chapter and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws. 9.50 LICENSE LIMITED TO LICENSEE AND LOCATION. Any license issued under the provision of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. 9.51 APPLICABILITY. All dance halls shall be regulated by the provisions of this chapter, regardless of whether a public dance license or business registration was obtained from the city prior to or after the effective date of the ordinance codified in this chapter and regardless of whether of not a person was operating a dance hall prior to or after the effective date of the ordinance codified in this chapter; provided, however, that any such existing dance hall business shall have a period of thirty (30) days from the date of adoption of this chapter in which to be in complete compliance with all provisions of this chapter. 9.52 VIOLATION. A. It shall be a misdemeanor to engage in any activity, act or conduct in violation of any of the provisions of this chapter, including, without limitation operating or managing a public dance without having first obtained a valid license, or renewal or operating or managing a public dance after revocation or suspension of any dance hall license. B. Any acti vi ty , act, or conduct contrary to the provisions of this chapter, is hereby declared to be unlawful, and the violation itself is an injury to the community constituting a public nuisance. 9.53 CUMULATIVE REMEDIES. ~iob;i thst.:lnding the existence or use of any other remedy, the city may seek any remedy available at law, in equity or by statute including the right to enjoin any acts or practices which constitute a violation of any of the provisions of this chapter. - 13- section 2. Severabilitv. If any section, sentence, clause or phrase of this ordinance 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 ordinance. Section 3. Effective Date. This emergency ordinance shall be effective immediately upon passage by a majority of the total members of the City Council. this PASSED by the city Council of the City of Federal Way 14th day of April , 1992. cm~w~~ MAYOR, ROBERT STEAD . SWANEY, CMC ~PRO1D AS TO FORM: U.~ \, ACTING CITY ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: April 17, 1992 EFFECTIVE DATE: April 14, 1992 ORDINANCE NO. 92-132 April 14, 1992 April 14, 1992 ORD\92-125.DH - 14 -