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.
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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
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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
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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:
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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.
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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
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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.
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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;
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(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
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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.
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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
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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.
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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
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