Ord 90-055
0072.160.001
RPB/tpc
03/23/90
R: 04/26/90
ORDINANCE NO.
90-55
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR THE LICENSING AND
REGULATION OF AMUSEMENT PLACES; CONTAINING A
SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the Federal Way City council finds that the
ordinance is in the interests of the public health, safety and
welfare, now, therefore,
THE
CITY
COUNCIL
OF
THE
CITY
OF
FEDERAL
WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
section
1.
Findinqs
of
Fact.
Based
on
public
testimony and other evidence presented to it, the Federal Way
city council makes the following Findings of Fact:
A.
The activities defined and regulated hereinafter
are detrimental to the public health,
safety, morals,
and general welfare of the citizens of Federal Way and,
therefore, such activities must be regulated as provided
herein.
B.
Regulation of the adult entertainment industry is
necessary because
in the
absence of such regulation
significant
criminal
activity
has
historically
and
regularly occurred.
This history of criminal activity
in
the
adult
entertainment
industry
has
included
prostitution, .
narcotics
and
liquor
law
violations,
--I
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COpy
breaches
of
the
peace
and
the
presence
within
the
industry of individuals with hidden ownership interests
and outstanding arrest warrants.
c.
The activities described in subsection B. of this
section occur, in the absence of regulation, regardless
of
whether
the
adult
entertainment
is
presented
in
conjunction with the sale of alcoholic beverages.
D.
It
is
necessary
to
license
entertainers
in the
adult entertainment industry to prevent the exploitation
of minors; to ensure that each such entertainer is an
adult;
and to ensure that such entertainers have not
assumed a false name, which would make regulation of the
entertainer difficult or impossible.
E.
It is necessary to have a licensed manager on the
premises of establishments offering adult entertainment
at such times as such establishments are offering adult
entertainment so that there will at all necessary times
be an individual responsible for the overall operation
of the establishment, including the actions of patrons,
entertainers and other employees.
F.
The license fees required hereinafter are necessary
as nominal fees imposed as necessary regulatory measures
designed to help defray the
incurred by the city in
entertainment industry.
substantial
expenses
regulating
the
adult
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G.
Hidden
ownership
interests
for
the
purposes
of
skimming profits and avoiding the payment of taxes have
historically
occurred
in
the
adult
entertainment
industry in the absence of regulation.
These hidden
ownership
interests
have
historically
been
held
by
organized and white collar crime elements.
In order for
Federal Way to effectively protect the public health,
safety, morals, and general welfare of its citizenry it
is
important that the city be
fully apprised of the
actual ownership of adult entertainment establishments.
Section
2.
Definitions.
For
the purpose
of
this
ordinance
the
words
and
phrases
used
herein
shall
have
the
following meanings unless the context otherwise indicates:
A.
"Public
place
of
amusement,"
"public
amusement/entertainment,"
and
"public
entertainment"
mean
an
amusement,
diversion,
entertainment,
show,
performance, exhibition, display or like activities, for
the usm or benefit of a member or members of the public,
or advertised for the use or benefit of a member of the
public,
held,
conducted,
operated or maintained for a
profit, direct or indirect.
B.
"Manager" means any person who manages,
directs,
administers, or is in charge of, the affairs and/or the
conduct of any portion of any activity involving adult
entertainment
occurring
at
any
place
offering
adult
entertainment.
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Date,
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c.
"Entertainer" means any person who provides adult
entertainment
within
public
amusement
as
place
of
a
defined in this section whether or not a fee is charged
or accepted for entertainment.
D.
"Entertainment" means any exhibition or dance of
any type, pantomime, modeling or any other performance.
E.
"Adult entertainment" means any exhibition or dance
of any type conducted in premises where such exhibition
or dance involves the exposure to view of any portion of
the breast below the top of the areola or any portion of
the pubic hair, anus, buttocks, vulva or genitals.
F.
"Employee"
and
all
including
means
any
persons,
entertainers, who work in or at or render any services
directly related to the operation of a public place of
amusement,
which
conducts
or maintains
adult
offers,
entertainment,
G.
"Operator" means any person operating,
conducting
or maintaining an adult entertainment studio.
H.
"Panoram"
"peepshow"
device which,
or
means
any
upon insertion of a coin or by any other means, exhibits
or displays a picture or view by film, video, or by any
other means.
section
License
reauired
Exuiration
Fee
3.
A.
No public place of amusement,
including but not
limited to places which offer adult entertainment, shall
-4-
be operated or maintained in the City unless the owner
or lessee thereof has obtained a license from the City
Clerk,
as hereinafter set forth; provided,
that it is
unlawful
for any entertainer,
employee or operator to
knowingly work in or about, or to knowingly perform any
service
directly
related
to
the
operation
of
any
unlicensed public place of amusement/entertainment,
B.
The following fees are applicable to the licensing
of
amusement/entertainment
activities
in
the
city
as
required in this ordinance:
Type of Entertainment
Fee
Miscellaneous
Adult Entertainment
$500.00 per year;
section
4.
License
for
manaqers
and
entertainers
required - Fee.
No person shall work as a manager or entertainer
at
a
public
place
of
amusement
offering
adult
entertainment
without having first obtained a manager's or an entertainer's
license from the City Clerk pursuant to section 7 (B)
of this
ordinance.
The annual fee for such a license shall be $50.00.
section 5.
Due date for license fees.
A.
All
license
fees
required
by section
3
of this
ordinance are due and payable to the City Clerk at least
two weeks before the opening of entertainment.
B.
Every license issued or renewed pursuant to this
ordinance shall expire on the thirty-first of December
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of each year.
c.
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 required to be obtained
and paid
in
full by January
31st of each respective
calendar
year;
provided,
however,
for
calendar
year
1990, licenses shall be obtained within 30 days of the
effective date of this ordinance and the license fee
shall be one-half of the annual license fee set forth in
this ordinance,
Section
6.
Renewal
of
license.
reqistration
or
Dermit - Late Denalty.
A late penalty shall be charged on all
applications for renewal of a license received later than seven
days after the expiration date of such license as set forth in
the
respective
resolution
or
ordinance
establishing
the
expiration date of such license.
. fixed as follows:
The amount of such penalty is
Days Past Due
8-30
31-60
61 and over
Additional Percentaqe
of License Fees
25%
50%
100%
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Section 7.
License Applications,
A.
Public
Amusement/Entertainment
License.
All
applications
for
a
public
amusement/entertainment
license for places which offer adult entertainment shall
be
submitted
in
the
name
of
the
person
or
entity
proposing to conduct such public amusement/entertainment
on the business premises and shall be signed by such
person or his agent and notarized or certified as true
under penalty of perjury.
All applications shall be
submitted on a form supplied by the city, which shall
require the following information:
L
The name, home address, home telephone number,
date and place of birth, and social security number
of the applicant if the applicant is an individual.
2.
The
business
name,
address
and
telephone
number of the establishment.
3.
The names,
addresses,
telephone numbers,
and
social security numbers of any partners, corporate
officers and directors, or other persons who have
management responsibilities in connection with the
business,
specifying
the
management
responsibilities of each.
4.
Terms
of
any
loans,
leases,
secured
transactions and repayments therefore relating to
the business.
B.
Application
for
manager
or
entertainer
license.
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All
applications
for
a
manager's
or
entertainer's
license shall be signed by the applicant and notarized
or certified to be true under penalty of perjury.
All
applications shall be submitted on a form supplied by
the city, which shall require the following information:
1.
The
applicant's
name,
home
address,
home
telephone
number,
date
and
place
of
birth,
fingerprints, social security number, and any stage
names or nicknames used in entertaining.
2.
The name and address of each business at which
the applicant intends to work as an entertainer,
3.
with
the
application
the
applicant
shall
present documentation that he or she has attained
the
age
of
eighteen
(18)
years.
Any
of
the
following
shall
be
accepted as
documentation
of
age:
a motor vehicle operator's license issued
(i)
by
any
state
bearing
the
applicant's
photograph and date of birth;
(ii)
an
identification
card
bearing
the
applicant's photograph and date of birth; or
(Hi)
a certificate of birth.
4.
The
city
Clerk
shall
issue
the
license
promptly
upon
receipt
of
the
application,
the
information required to be in the application and
the license fee if the applicant is eighteen (18)
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years or older.
section 8.
Manaqer on Dremises.
A licensed manager
shall be on the premises of a public place of amusement at all
times that adult entertainment is being provided.
Section 9,
Standards of conduct and oDeration.
A.
The following standards of conduct must be adhered
to by employees of any public place of amusement which
offers, conducts, or maintains adult entertainment.
1.
No employee or entertainer shall encourage or
knowingly permit any person upon the premises to
touch, caress or fondle the breasts, buttocks, anus
or genitals of any other person.
2.
No employee or entertainer shall wear or use
any
device
or
covering
exposed
to
view
which
simulates the breast below the top of the areola,
vulva or genitals,
anus, buttocks, or any portion
of the pubic hair.
3.
No employee or entertainer shall perform acts
of or acts which simulate:
a.
Sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, or
any sexual acts which are prohibited by law;
b.
The touching,
caressing
or
fondling of
the breasts, buttocks or genitals; or
c.
The displaying of the pubic hair, vulva
or genitals, anus and/or buttocks; except as
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provided for in
subsection and
ordinance.
subdivision
this
4
of
section
9 (D) (3)
of
this
4.
No employee or entertainer shall have their
breasts below the top of the areola, or any portion
of the pubic hair, vulva or genitals, anus and/or
buttocks exposed to view except upon a stage at
least
eighteen
inches
above the
immediate
floor
level
and
removed
at
least
six
the
feet
from
nearest patron.
5.
No
employee
entertainer
shall
use
or
artificial devices or inanimate obj ects to depict
any of the prohibited activities described in this
subsection.
6.
No employee or entertainer shall remain in or
upon the public place of amusement who exposes to
public view any portion of his or her genitals or
anus
except
expressly
provided
in
for
as
subdivision
of
this
subsection
and
section
4
9(D) (3) of this ordinance.
7.
There
shall
be
posted
and
conspicuously
displayed
in
of
each
place
the
common
areas
offering adult entertainment a list of any and all
entertainment provided on the premises.
Such list
shall further indicate the specific fee or charge
in dollar amounts for each entertainment listed.
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8.
Every
place
offering
physically
entertainment
adult
in
such
arranged
studio
be
a
shall
manner that:
a.
The stage or the entire interior portion
of
booths, cubicles, rooms or stalls
adult entertainment is provided is
from the common areas of the
the
wherein
visible
premises.
Visibility shall not be blocked or
obscured by doors,
curtains,
or any
drapes,
other obstruction whatsoever.
b.
No activity or entertainment occurring on
the premises shall be visible at any time from
any public place.
c.
No
entertainer
place
offering
of
any
adult entertainment shall be visible from any
public
during
hours
of
their
place
the
employment,
apparent
hours
of
their
or
employment, on the premises.
9.
No
entertainer
place
offering
adult
at
a
entertainment shall demand or collect all or any
portion of a fee from a patron for entertainment
before its completion.
10.
A sign shall be conspicuously displayed in a
common
area
of
the premises,
and shall
read as
follows:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS
REGULATED BY THE CITY OF FEDERAL WAY; ENTERTAINERS
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ARE:
a.
Not permitted to
engage
in
any
sexual
conduct:
b,
Not
permitted
to
expose
their
breasts
below the top of the areola,
any portion of
the pubic hair,
buttocks,
geni tals or vulva
and/or
anus
except
upon
a
stage
at
least
eighteen inches from the immediate floor level
and removed at least six feet from the nearest
patron: and
c.
Not permitted to demand or collect all or
any
portion
of
a
fee
from
a
patron
for
entertainment before its completion.
B.
The
following
additional
requirements
must
be
adhered to at any panoram or peepshow:
1.
The
interior
of
the
panoram
or
peepshow
premises shall be arranged in such a manner as to
insure that customers are fully visible from the
waist down,
and all persons viewing such panoram
pictures shall be visible from the entrance to such
premises.
2.
The licensee shall not permit any doors to
public areas on the premises to be locked during
business hours.
3.
Any room or area on such premises shall be
readily accessible at all times for inspection by
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any law enforcement officer or license inspector.
4.
The
licensee
shall
maintain
adequate
illumination generally distributed in all parts of
the premises at all times when the panoram is open
or when the public is permitted to enter or remain
therein.
C.
At
any
public
place
of
amusement which
offers,
conducts,
or
maintains
adult
entertainment,
the
following are required:
~.
Admission must be restricted to persons of the
age of eighteen years or more; and
2.
Neither the performance or 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 public
place of amusement so licensed.
3.
Sufficient lighting shall be provided in and
about the parts of the premises which are open to
and used by the public so
plainly visible at all times.
that all
obj ects are
D.
This chapter shall not be construed to prohibit:
L
Plays,
operas,
musicals,
or
other
dramatic
works which are not obscene;
2.
Classes,
seminars
and
lectures
held
for
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serious scientific or educational purposes; or
3.
Exhibitions or dances which are not obscene.
E.
For
purposes
of
this
chapter,
an
activity
is
"obscene" if:
1.
Taken as a whole by an average person applying
contemporary
community
standards
the
activity
appeals to a prurient interest in sex;
2.
Applying contemporary community standards, the
activity depicts patently offensive representations
of:
a.
ultimate
sexual
acts,
normal
or
perverted, actual or simulated; or
b.
exhibition
of
the
genitals
or
genital
area; or
c.
violent
or
destructive
sexual
acts,
including but not limited to human or animal
mutilation,
dismemberment,
rape
or
torture;
and
3.
The activity taken as a whole lacks serious
literary, artistic, political, or scientific value.
F.
For
purposes
of
this
chapter,
an
activity
is
"dramatic" if the activity is of, relating to, devoted
to,
or concerned
specifically
or professionally with
current drama or the contemporary theater.
G.
section
9
of
this
ordinance
does
not
apply
to
taverns and premises maintaining liquor licenses.
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section 10.
Business hours.
No public entertainment
shall be conducted between hours of two a.m. and ten a.m.
Occt.ieR 11.
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Ue liee¡:¡.se Ellull ~'-
b~ rcquireà fer aftY er~aRiBeà speE"ts as~i7ity.
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à'ra~s~rip,
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whe..c Ll,c C^",c~t:.èd
a~t~l'IàaRee
-"ill
~Re\iSaRà
peeple
siR<jle
at
any
exeecà
t-..-e
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applieaRt,
SlaSH iRfe:F'llla1deR as àeemeà apprepriate BY tRe <:ity
i!lerk
to
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tÞat
adeq>'at~
tn.ffi~
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arra¡:¡.seà
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folle~in<j the effestive àate te ee~ly with tHe 1::raffie eentrel
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RPB019590
-15-
aqrs.€.meRt,
pl1.1S
that
p9rC'"".,to"'J"
ton.."
n..;"'J
I"'; ñ
1'/'".
1"";"'1'"
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aeeeràaRee >lith preeeà\l.res speeifieà lay the city Clerk.
Section
13,
Standards
for
Dublic
amusement/entertainment license. manaaer and entertainer license.
susDension or revocation.
A.
The City Clerk shall deny, revoke, or suspend, for
not
more
than
one
year,
any
public
amusement/entertainment license if s/he determines that
the licensee or applicant has:
1.
Made any false statement or given any false
information in connection with an application for a
license or a renewal of a license;
2.
violated
or
permitted
violation
of
any
provisions of this ordinance; or
The city Clerk shall deny, revoke or suspend,
for
B.
not more than one year,
any manager's license if s/he
determines that such manager has violated or permitted
violation of any of the provisions of this ordinance or
has
made
any
false
statement
or
given
ay
false
information
in
connection
with
the
license
application.
C.
The city Clerk shall deny, revoke or suspend,
for
not more than one year,
any entertainer's license if
s/he determines that such entertainer has violated any
of
the
provisions
of
this
ordinance
rela.ting
to
RPBO19590
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entertainer conduct or has made any false statement or
given
any
false
information
in
connection
with
he
license application.
Section 14.
Pro rata reduction.
Establishments or
individuals maintaining
adult
entertainment
studio
or
topless
dancing licenses on the effective date of this ordinance shall be
entitled
to
a
pro
rata
reduction
in
any
necessary
adult
entertainment license fee required by this ordinance.
Section 15.
Penalties.
A.
criminal penalty:
Any person violating any of the
terms of this ordinance shall be guilty of a misdemeanor
and upon conviction thereof, be fined in the sum of not
more than $1,000, or by imprisonment for a term not to
exceed than ninety days, or both.
B.
Civil penalty:
In addition to any other penalty
provided herein or by law, any person who violates any
provision of
any business
license ordinance
shall be
subject to a civil penalty in an amount not to exceed
two hundred fifty dollars
($250) per violation,
to be
directly assessed by the City Clerk.
The city Clerk, in
a reasonable manner, may vary the amount of the penalty
assessed to consider the appropriateness of the penalty
to the size of the business of the violator; the gravity
of
the
violation;
the
number
of
past
and
present
violations committed; and the good faith of the violator
in attempting to achieve compliance after notification
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of the violation.
All civil penalties assessed will be
enforced and collected in accordance with the procedure
specified under this ordinance.
section 16.
Additional enforcement.
Notwithstanding
the existence or use of any other remedy, the City Clerk may seek
legal or equitable relief to enjoin any acts or practices which
constitute or will constitute a violation of any provision of
this ordinance.
section 17.
Appeals.
A.
Notification of suspension,
revocation,
denial or
civil
penalty.
When
the City
Clerk determines that
there is cause for denying, suspending or revoking any
license issued pursuant to this ordinance, or assessing
a civil penalty, the city Clerk shall notify the person
holding such license by personal service or registered
or
certified
mail,
return
receipt
requested,
of
the
decision.
Notice mailed to the address on file shall be
deemed received three days after mailing.
shall specify the grounds for the denial,
The notice
suspension,
revocation or penalty assessment.
The civil penalty
shall be due and the denial,
suspension or revocation
shall become effective ten days from the date the notice
is
delivered
or
deemed
received
unless
the
person
affected thereby files a written request with the city
Clerk for a hearing before the Hearing Examiner within
such ten-day period.
RPBO19590
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B.
The City Hearing Examiner
is designated to hear
appeals
by parties
aggrieved by actions
of the
City
Clerk in suspending,
revoking or denying a license or
assessing a civil penalty pursuant to this ordinance.
The
Hearing
Examiner
may
adopt
reasonable
rules
or
regulations for conducting its business.
Copies of such
rules and regulations shall be delivered to the City
Clerk who
shall
make
them
freely
accessible
to
the
public.
All
decisions
and
findings
of
the
Hearing
Examiner shall be rendered to the appellant in writing
with a copy to the city Clerk;
C.
Any person entitled to service pursuant
to this
section may appeal from any notice of suspension, denial
or revocation or civil penalty assessment by filing with
the city Clerk within ten days
from the date of the
notice is delivered or deemed received, a written appeal
containing:
1.
A heading in the words:
"Before the Hearing
Examiner for the city of Federal Way";
2.
A caption reading:
"Appeal of .
"
giving the names of all appellants participating in
the appeal;
3.
A
brief
statement
setting
forth
the
legal
interest of each of the appellants participating in
the appeal;
4.
A brief statement in concise language of the
RPBO19590
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specific order or action protested,
together with
any
material
facts
claimed
to
support
the
contentions of the appellant;
5.
A brief statement in concise language of the
relief sought,
and the reasons why it is claimed
the protested order or action should be reversed,
modified, or otherwise set aside;
6.
The
signatures
of
all
parties
named
as
appellants,
and their official mailing addresses;
and
7.
The verification (by declaration under penalty
of perjury)
of at least one appellant as to the
truth of the matters stated in the appeal.
D.
As soon as practicable after receiving the written
appeal, the Hearing Examiner shall fix a date, time, and
place for the hearing of the appeal.
Such date shall be
not less than ten days nor more than sixty days from the
date the appeal was filed with the City Clerk.
written
notice of the time and place of the hearing shall be
given at least ten days prior to the date of the hearing
to
each
appellant
by
the
Hearing
Examiner's
Office
either by causing a copy of such notice to be delivered
to
the
appellant
personally
or
by
mailing
a
copy
thereof, postage prepaid, addressed to the appellant at
his address shown on the appeal.
E.
At the hearing the appellant shall be entitled to
RPBO19590
-20-
appear in person and be represented by counsel and offer
such evidence pertinent and material to the action of
the city Clerk.
F.
Only those matters or issues specifically raised by
the appellant in the written notice of appeal shall be
considered in the hearing of the appeal.
G.
Failure
of
any
person
to
file
an
appeal
in
accordance with the provisions
of this
section shall
constitute
a
waiver
of
his
or
her
right
to
an
administrative hearing and adjudication of the notice
and order, or any portion thereof.
H.
Enforcement of any notice and order of the city
Clerk shall be stayed during the pendency of an appeal
therefrom which is properly and timely filed.
I.
Upon
completion
of
the
hearing,
the
Hearing
Examiner shall:
1.
Accept
the
city
Clerk's
recommendation
as
presented; or
2.
Determine no action is warranted; or
3.
Modify the recommended action.
J.
Appeal
from
Hearing
Examiner.
Appeal
from
a
decision of the Hearing Examiner shall be to the King
County
superior
Court
and
must
be
served
and
filed
within
thirty
days
of
the
decision
of
the
Hearing
Examiner.
In the event the applicant or license holder
does not follow the procedures within the time periods
RPBO19590
-21-
set forth in this section,
the action of the Hearing
Examiner shall be final.
section
18.
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 19.
This ordinance shall be in full force and
effect five (5) days after passage and publication of an approved
summary consisting of the title to this ordinance.
PASSED by the City Council of the city of Federal Way
this ~ day of
May
, 1990.
CITY OF FEDERAL WAY
Ðß~A. f?%/
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
&ft~ 'C(;E:!4~~AD
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
~Y~L>'~
FILED WITH THE CITY CLERK: April 26. 1990
PASSED BY THE CITY COUNCIL: May 1. 1990
PUBLISHED: May 4. 1990
EFFECTIVE DATE: May "9. 1990
ORDINANCE NO. 90-55
RPBO19590
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