HomeMy WebLinkAbout3221Ordinance No. 3221
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Secs. 5.10.030, 5.10.120, 5.10.140 & 5.10.200 (C)
Amended by Ord. 3475
j
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of Kent,
Washington, amending Chapter 5.10 of the Kent City Code as
adopted pursuant to Ordinance No. 3214, which relates to the
regulation of adult entertainment businesses, providing for the
licensing of such businesses, further providing standards of
conduct and operation, and establishing misdemeanor offenses and
penalties for the violation of such regulations.
WHEREAS, on March 7, 1995, the City Council adopted Ordinance 3214
establishing new licensing regulations for adult entertainment businesses; and
WHEREAS, on March 24, 1995, the Washington State Supreme Court, on a
challenge to the City of Seattle's adult entertainment licensing ordinance, ruled that action to
suspend or revoke a license must be stayed during a judicial appeal, and since the City of Kent
has a similar provision in its ordinance, it is appropriate to amend the language to comply with
the court's ruling; and
WHEREAS, on March 29, 1995, a King County Superior Court, on a challenge to
the City of Bellevue's adult entertainment licensing ordinance, invalidated a provision
prohibiting representations of nudity from being visible outside the premises of an adult
entertainment business, and since the City of Kent has a similar provision in its ordinance, it is
appropriate to amend the language to comply with the court's ruling; and
WHEREAS, it is desirable to make certain corrections to the ordinance to clarify
for what types of adult entertainment businesses managers licenses are required; and
WHEREAS, as a result of additional research and review, it is also desirable to
j make other amendments to clarify the language of certain provisions in the ordinance; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.10 of the Kent City Code, as adopted pursuant to
Ordinance No. 3214, is hereby amended as follows:
CHAPTER 5.10. ADULT ENTERTAINMENT
Sec. 5.10.010. Findings of fact.
Based on public testimony and other evidence and information before it, the city
council makes the following findings of fact:
The secondary effects of Tthe activities defined and regulated in this
chapter are detrimental to the public health, safety and general welfare of the citizens of the city
and, therefore, such activities must be regulated as provided in this chapter.
2. 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, breaches of the peace and the presence within the industry of
individuals with hidden ownership interests and outstanding arrest warrants.
3. Contact between entertainers and patrons of adult entertainment businesses
facilitates prostitution and other related crimes and the concern over unlawful sexual activities
and related crimes is a legitimate health concern of the City which demands reasonable
regulation of adult entertainment businesses in order to protect the health and well-being of the
citizens; and
2
4. Licensing is a legitimate and reasonable means of accountability to ensure
that operators of adult entertainment businesses comply with reasonable regulations and to
ensure that operators do not knowingly allow their establishments to be used as places of illegal
sexual activity or solicitation; and
5. In the absence of regulation, the activities described in this section occur
regardless of whether the adult entertainment is presented in conjunction with the sale of
alcoholic beverages.
6. 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, to ensure that
such entertainers have not assumed a false name which would make regulation of the entertainer
difficult or impossible and to ensure that such entertainers are not involved in criminal activity.
7. 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.
8. The license fees required in this chapter are nominal fees imposed as
Ili necessary regulatory measures designed to help defray the substantial expenses incurred by the
city in regulating the adult entertainment industry.
9. 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 the city to effectively protect the public
health, safety and general welfare of its citizenry, it is important that the city be fully apprised of
the actual ownership of adult entertainment establishments.
10. The City Council desires to prevent these adverse effects and thereby
protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime;
preserve the quality of life, preserve the property values and character of surrounding
neighborhoods; and deter the spread of urban blight; and
I
j 11. It is not the intent of this chapter to suppress any speech activities
protected by the First Amendment or Article I, Section 5 of the Washington State Constitution,
i
but to enact content neutral regulations which address the secondary effects of adult
entertainment businesses, as well as the health problems associated with such businesses.
Sec. 5.10.020. Purpose and intent.
It is the purpose of this chapter to regulate adult entertainment businesses and
Illi !
related activities to promote health, safety, morals, and general welfare of the citizens of the City
of Kent, and to establish reasonable and uniform regulations to prevent the establishment of adult
entertainment businesses in locations within the City which would have a harmful effect on the
i
residents of the City. The purpose of this chapter is to alleviate undesirable social problems that
�1
accompany adult entertainment businesses, and to enact content neutral regulations which
address the secondary effects of adult entertainment businesses as well as healthproblems
associated with such business, not to curtail the First Amendment expression, namely dancing or
entertainment. The provisions of this chapter have neither the purpose nor effect of imposing a
i
limitation or restriction on the content of any communicative materials, including sexually
oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny
access by adults to sexually oriented materials protected by the State or Federal Constitutions, or
I'
to deny access by the distributors and exhibitors of sexually oriented entertainment to their
I intended market. Neither is it the intent nor effect of this chapter to condone or legitimate the
distribution of obscene materials.
Sec. 5.10.030. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
1. ADULT ENTERTAINMENT: "Adult Entertainment" means any dance,
amusement, show, display, exhibition, pantomime, modeling or any other like performance of
any type for the use or benefit of a member or members of the public or advertised for the use or
0
erized by the performer's "nudity", as
benefit of a member of the public where such is charactj
' defined herein, or the exhibition of "specified sexual activities", also defined herein, or which
I �i F the L,.«..F:a �F
emphasizes and seeks to arouse or excite the patrons sexual desires for the Lr�r-o���
member or members ol"
2. ADULT ENTERTAINMENT BUSINESS: "Adult Entertainment
Business" shall mean an Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video
Store, Adult Motion Picture Theater, and Exotic Dance Studio, more specifically defined as
follows:
A. Adult Arcade: "Adult Arcade" shall mean an establishment where,
for any form of consideration, one or more still or motion picture projectors, slide projectors,
i
computer generated or enhanced pornography, panoram, peep show, or similar machines, or
other image producing machines, for personal viewing, are used to show films, motion pictures,
video cassettes, slides, or other photographic reproductions which provides materials for
j individual viewing by patrons on the premises of the business which are characterized by the
depiction or description of "nudity" or "specified sexual activities".
B. Adult Bookstore Adult NoveltyStore, or Adult Video Store:
"Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" shall mean a commercial
i,
establishment which has as a significant or substantial portion of its stock -in -trade or revenues,
substantial meaning twenty (20) percent or more, for any form of consideration, books,
magazines, periodicals or other printed matter, or photographs, films, motion pictures, video
j cassettes, slides, or other photographic reproductions or visual representations which are
characterized by the depiction or description of "nudity" or "specified sexual activities". It shall
be a rebuttable presumption that twenty (20) percent of a business' stock -in -trade or revenues is
considered substantial.
4-. An establishment may have other principal business
j
purposes that do not involve the offering for sale or rental of materials depicting or describing
"nudity" or "specified sexual activities", and still be categorized as Adult Bookstore, Adult
jNovelty 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
5
Video Store so long as one of its principal business purposes is offering for sale or rental, for
some form of consideration, the specified materials which depict or describe "nudity" or
"specified sexual activities".
TA11161M LqW111q Bra IW%IWJVwqq ILI FALIJ ININ 0 9 9
C. Adult Motion Picture Theater: "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 "nudity" or
"specified sexual activities" are regularly shown for any form of consideration.
D. Exotic Dance Studio: "Exotic Dance Studio", also known as
"topless bar" and "adult cabaret", shall mean a nightclub, bar, restaurant, or similar commercial
establishment to which any member of the public is invited or admitted and where an entertainer
j provides live adult entertainment performances to any member of the public.
3. CITY: "City" means the City of Kent, Washington.
4. CLERK: "Clerk" shall mean such city employees or agents as the mayor
shall designate to administer this chapter, or any designee thereof.
5. CONVICTION: "Conviction" means an adjudication of conviction of
guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been
filed, notwithstanding the pendency of any future proceedings including but not limited to
sentencing or disposition, post -trial or post -fact finding motions, and appeals. Conviction also
means a bail forfeiture.
6. EMPLOYEE: "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 adult entertainment business offering adult entertainment,
whether or not such person is paid compensation by the operator of said business.
M
I
7. ENTERTAINER: "Entertainer" means any person who provides live adult
entertainment in an adult entertainment business whether or not an employee of the operator and
whether or not a fee is charged or accepted for such entertainment.
8. ESTABLISH: "Establish" shall mean and include any of the following:
A. To open or commence any adult entertainment business as a new
business; or
B. To convert an existing business, whether or not an adult
'i entertainment business, to any adult entertainment businesses defined herein.
C. To add any of the adult entertainment businesses defined herein to
any other existing adult entertainment business; or
D. To relocate any such adult entertainment business.
�i9. LICENSE: "License" shall mean a license to operate, manage or entertain
1 at any premises that is classified as an adult entertainment business.
10. LICENSED PREMISES: "Licensed Premises" shall mean any premises 1
that requires a license and that is classified as an adult entertainment business.
i
11. LICENSEE: "Licensee" shall mean a person in whose name a license to
operate, manage or entertain at an adult entertainment business has been issued, as well as the
individual listed as an applicant on the application for a license.
i' 12. MANAGER: "Manager" means any person appointed by an owner or
operator of an adult entertainment business who manages, directs, administers or is in charge of
the affairs and/or the conduct or operation of an adult entertainment business and includes
assistant managers.
rrn r�nrnrrvrnrorrnrr�nUQU rn-ION nr�rra Fllse
ii
n
f its
itt''!i1tilti lin it represema+ton or
> repteserAMt>
1:111! 1211t;
tteome of the
of whieh eottid ha
7
13. +4- NUDE or NUDITY: "Nude" or "nudity" shall mean:
A. Less than completely and opaquely covered or in such attire,
costume or clothing as to expose to view male genitals, female genitals, pubic region, buttocks,
anus, or any portion of the female breast below a point immediately above the top of areolae; or
B. Wearing any device or covering exposed to view which simulates
the appearance of male genitals, female genitals, pubic region, buttocks, anus, or any portion of
the female breast below a point immediately above the top of areolae.
14. 4-5-7 OPERATOR: "Operator" shall mean and include the owner, permit
holder, custodian, manager, operator, or person in charge of, conducting or maintaining an adult
'i
entertainment business.
15. 4-6: PANORAM or PEEP SHOW: "Panoram" or "peep show" means any
device which, upon insertion of a coin or by any other means, exhibits or displays a picture or
view by film, video, or by any other means.
16. � PERSON: "Person" shall mean any individual, firm, joint venture,
copartnership, association, social club, fraternal organization, corporation, estate, trust, business
trust, receive or any other group or combination acting as a unit.
17. 4-8-. SPECIFIED SEXUAL ACTIVITIES: "Specified Sexual Activities" shall
mean and include any of the following:
A. The caressing, touching, fondling or other intentional or erotic
touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of
oneself or of one person by another; or
B. Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are
prohibited by law; or
C. Masturbation, actual or simulated; or
D. Human genitals in a state of sexual stimulation, arousal or
tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and
opaquely covered; or
8
II
E. Excretory functions as part of or in connection with any of the 4
activities set forth in subdivisions A through D of this subsection.
Sec. 5.10.040. Administration of licensing.
The clerk is responsible for granting, denying, revoking, renewing, suspending,
�! I
and cancelling adult entertainment business, managers and entertainers licenses. The Planning
i
Director and the Building Official or their designee are responsible for ascertaining whether a
proposed adult entertainment business for which an adult entertainment business license is being
I applied for complies with all building code and land use requirements enumerated herein and all
other applicable building code and zoning laws and/or regulations now in effect or as amended or
enacted subsequent to the effective date of this chapter.
Sec. 5.10.050. License required; fee.
A. Adult entertainment business license required.
1. No person or entity shall use any property or premises for an adult
entertainment business within the City of Kent except within those areas authorized for location
i
i
Of said businesses as set forth in Kent City Code 15.08.270, and no adult entertainment business
ii
!' shall be established, operated or maintained in the city unless the owner or operator thereof has
obtained an adult entertainment business license from the clerk. It is unlawful for any
entertainer, employee or operator to knowingly work in or about or to knowingly perform any
�i
service directly related to the operation of an unlicensed public adult entertainment business.
Violation/penalty. Any violation of the provisions of this subsection shall constitute a
misdemeanor as set forth in this chapter.
2. The annual fee for an exotic dance studio business license shall be
five hundred dollars ($500.00). This amount shall be used for the cost of administration of this
chapter.
.i
3. The annual license fee for all other adult entertainment businesses
subject to this chapter shall be one hundred fifty dollars ($150.00). This amount shall be used for
the cost of administration of this ordinance.
4. The above -referenced licenses expire annually on December 31
i and must be renewed by January 1.
i
5. The applicant must be 18 years of age or older.
B. License for managers and entertainers required.
1. No person shall work as an manager, assisteM ntanft9tt,--dr
entertainer at an adult entertainment business without having first obtained an
entertainer's license from the clerk. No person shall work as a manager of an exotic dance studio,
j adult arcade adult motion picture theater or other adult entertainment businesses providing on-
site entertainment without having first obtained a manager's license from the clerk, the purpose
bein to require licensed mana ers at adult entertainment business establishments to monitor the
conduct of patrons viewing adult entertainment on the premises and ensure compliance with this
chapter. On-site entertainment includes but is not limited to live entertainment, the viewing of
films and videos and other such entertainment on the remises whether or not for a fee or other
consideration as opposed to strictly the sale or rental of adult books, magazines novelties and
videos. Violation penalty. It shall be unlawful and a person commits a misdemeanor as set forth
in this chapter if he or she acts or performs as a manager or entertainer in an adult entertainment
business without said valid and current license as rewired in this section.
2. The annual fee for such a license shall be one hundred fifty dollars
($150.00). This amount shall be used for the cost of administration of this ordinance.
;i
3. This license expires annually on December 31 and must be
renewed by January 1.
4 The applicant must be 18 years of age or older.
Sec. 5.10.060. License applications.
A. Adult entertainment business. All applications for an adult entertainment
business license for places which offer adult entertainment shall be submitted in the name of the
person or entity proposing to conduct such adult entertainment on the business premises. All
applications for an adult entertainment business license shall be signed by the applicant and
1 notarized or certified to be true under penalty of perjury. All applications shall be submitted on a
10
form supplied by the city, along with a non-refundable application processing fee of one hundred
fifty dollars ($150.00), which shall contain the following information:
1. Names, any aliases or previous names, driver's license number, if
i'
1' any, business, mailing, and residential address, telephone number, and social security numbers
f eae :_a:_•idtt.' of the applicant and each general partner, corporate officer, director, and
other persons holding having a significant ititerest o responsibility for management of the
business, specifying the interest or and management responsibility of each such
I
Ii=, partner, corporate officer and/or director
interest in the adult erAertaittment b
2. If a partnership, whether general or limited; and if a corporation,
date and place of incorporation, evidence that it is in good standing under the laws of
Washington, and name and address of any registered agent for service of process.
3. Addresses of the applicant for the five (5) years immediately prior
to the date of application.
4. Any and all criminal misdemeanor or felony convictions or
forfeitures, other than parking offenses or minor traffic violations, including dates of conviction,
nature of the crime, name and location of court and disposition for each individual, partner,
corporate officer and/or director identified in subparagraph 1 above for the ten (10) years
immediated preceding the date of application.
5. A description of the business, occupation, or employment of the
applicant for the three (3) years immediately preceding the date of application.
6. Whether the applicant or any individual, partner, corporate officer,
or director identified in subparagraph 1 above has had a previous license under this chapter or
other similar ordinances from another city or county denied, suspended, or revoked, including the
name and location of the adult entertainment business for which the license was denied,
suspended, or revoked, as well as the date of the denial, suspension, or revocation.
7. Whether the applicant or any individual, partner, corporate officer,
j or director identified in subparagraph 1 above holds any other licenses under this chapter, or
11
i
�I
other similar adult entertainment business ordinance from another city or county and, if so, the
names and locations of such other permitted businesses.
8. The single classification of license for which the applicant is filing.
9. The name and location of the proposed adult entertainment
business, including a legal description of the property, street address, and telephone number(s), if '
any, together with the name and address of each owner and lessee of the property.
10. Two (2) two-inch by two-inch color photographs of each applicant,
taken within six (6) months of the date of the application, showing only the full face of the
applicant. The photographs shall be provided at the applicant's expense. Alternatively, the
applicant may be required to submit to a photograph taken at the direction of the clerk.
11. Complete sets of fingerprints of each individual, partner, corporate
officer, and director on forms prescribed by the Chief of Police.
12. In the case of an exotic dance studio, a scale drawing or diagram
showing the configuration of the premises for the proposed exotic dance studio, including a
statement of the total floor space occupied by the business, and marked dimensions of the interior
s
of the premises. Performance areas, seating areas, manager's office and stations, restrooms and
service areas shall be clearly marked on the drawing. An applietttion for a liee for an ex
"S Building
dftflee studio shall inelude bttilding plans whieh demottstrate eonf6riiiaftee with KML &
and Zoning Codes. The applicant shall further demonstrate conformance with Kent City Code
15 08 270 pertaining to the location of adult entertainment businesses and, in the case of exotic
dance studios and adult arcades conformance with Sections 5 10 110 and 5.10.130 respectively.
13. Authorization for the city, its agents and employees to investigate
and seek information to confirm any statements set forth in the application.
14. Suppleme Identification and/or information, as requested by
the clerk, supplemental to that required in a complete application when deemed necessary to
confirm statements set forth in the application or determine compliance with this chapter. The
=location will be deemed complete when the applicant submits responses to all inquiries on the
=lication form.
i
i;
12
i
i;
15. Subparagraphs 10 and 11 above shall not be applicable to adult
i
bookstores adult novelty stores or adult video stores provided that such business does not
r'
provide on-site entertainment.
B. Processing adult entertainment business license applications.
1. Upon receipt of the complete application and fee, the clerk shall
provide copies to the police, planning and other applicable departments for their investigation
j and review to determine compliance of the proposed adult entertainment business with the laws
and regulations which each department administers. Each department shall, within thirty (30)
days of the date of receipt of such application, report to the clerk whether such application and
jpremises complies with the laws administered by each department. No license may be issued
unless each department reports that the application and premises comply with the relevant laws.
In the event the premises is not vet constructed the departments shall base their recommendation
,s
as to remises compliance on their review of the drawings submitted in the application. A
j license approved prior to premises construction shall contain a condition that the premises maw
not open for business until the premises have been inspected and determined to be in substantial
I' conformance with the drawings submitted with the application and in compliance with Sections
5 10 110 and 5 10 130 as applicable. A department shall recommend denial of a license under
this subsection if it finds that the proposed adult entertainment business is not in conformance
j with the requirements of any provision of any applicable statute, code, ordinance, regulation or
other law in effect in the city. A recommendation for denial shall be in writing and cite the
specific reason therefor, including applicable laws.
2. An adult entertainment business license shall be issued by the clerk
within thirty (30) days of the date of filing a complete license application and fee, unless the
clerk determines that the applicant has failed to meet any of the requirements of this chapter or
provide any information required under this subsection, or that the applicant has made a false,
ii
j misleading or fraudulent statement of material fact on the application for a license
report or reeords r qttireld-to bee filed will the elerk. 1111 the event the elerk 61i
1 the
ertainment business ieense, he�she may grant an extension of time in whielt to sttpp y
it
I
13
Upon request of the applicant the clerk shall grant an extension of time,
to but not to exceed twentY(20) additional days in which to provide all information required
i
for license application. (The time period for granting or denying a permit shall be stayed during I
l' the period in which the applicant is allowed an opportunity to properly complete the application.)
I
If the clerk finds that the applicant has failed to meet any of the requirements for issuance of an
adult entertainment license, the clerk shall deny the application in writing, and shall cite, in
writing, the specific reasons therefor, including applicable laws. If the clerk fails to issue or deny
the app& -eaten license within thirty (30) days of the date of filing of a complete application and
fee, the applicant ffmy shall be permitted, subject to all other applicable laws, operate the
business for which the license was sought until notifiedy in writins, by the clerk that the license
has been denied.
i
A ed for
C. Mangier or entertainer license.
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
J' shall be submitted on a form supplied by the city, along with a non-refundable application
{ processing fee of one hundred dollars ($100.00), which shall contain the following information:
1. The applicant's name, any aliases or previous names, home
address, home telephone number, date and place of birth, driver's license number, if any, social
security number and, for entertainers, any stage names or nicknames used in entertaining.
2. The name and address of each business at which the applicant
intends to work.
3. Documentation that the applicant has attained the age of eighteen
(18) years. Any of the following shall be accepted as documentation of age:
a. A motor vehicle operator's license issued by any state
bearing the applicant's photograph and date of birth; or
b. A state issued identification card bearing the applicant's
photograph and date of birth.
14
i
C. An official passport issued by the United States of
America.
d. An immigration card issued by the United States of
America.
e. Any other picture identification that the city determines to
be acceptable.
4. A complete statement of all convictions of the applicant for any
i
misdemeanor or felony violations in this or any other city, county or state, except parking
violations or minor traffic infractions.
5. A description of the applicant's principal activities or service to be
rendered.
6. Resident addresses and telephone numbers for the
period of three (3)-yearsimmediately prior to the date of application specifying the period of
residence at each address.
7. The names and addresses of employers or individuals or businesses j
for whom the applicant was an employee or independent contractor for the three ear period of
three (3) wears immediately prior to the date of application, including the period of employment.
8. Two (2) two-inch by two-inch color photographs of each applicant,
taken within six (6) months of the date of the application, showing only the full face of the
applicant. The photographs shall be provided at the applicant's expense. Alternatively, the
i applicant may be required to submit to a photograph taken at the direction of the clerk.
9. Complete sets of fingerprints of each manager and entertainer on
forms prescribed by the Chief of Police.
10. Authorization for the city, its agents and employees to investigate
and seek information to confirm any statements set forth in the application.
11. Supplemental identification and/or information, as requested by the
clerk, deemed necessary to confirm any information set forth in the application or to determine
compliance with this chapter.
15
D. Processing managers or entertainers license applications. A copy of the
application shall be provided to the police and other applicable departments for its review,
investigation and recommendation. An adult entertainment business manager's or an adult
entertainer's license shall be issued by the clerk within fourteen (14) days from the date the
i complete application and fee were received unless the clerk determines that the applicant has
failed to provide any information required to be supplied according to this chapter, or that the
applicant has made any false, misleading or fraudulent statement of material fact in the
application for a license. in the -` the ' dete__.,.'_,.,. or le nt
�.11lllJ `t` `'a
i'i
I
7
i
information.he�she may grant an exteitsion of time itt whielt to sttpply the required
Upon request
'of the applicant the clerk shall grant an extension of time up to but not to exceed twenty (20)
i
additional days in which to provide all information required for license application. (The time
� period for granting or denying a license shall be stayed during the period in which the applicant
Iis allowed an opportunity to properly complete the applicant.) If the clerk determines that the
applicant has failed to meet any of the requirements for issuance of a managers or entertainers j
i
license, the clerk shall deny the application in writing and shall cite the specific reasons therefor,
including applicable laws. If a request for extension of time is not made and the clerk has failed
to approve or deny the license within fourteen (14) days of filing of a complete application for an
adult entertainment business manager's license the applicant may, subject to all other applicable
laws commence work as an adult entertainment business manager in a duly licensed adult
entertainment business until notified in writing by the clerk that the license has been denied.
An applicant for an adult entertainment manager's or entertainer's license shall be issued a
temporary license upon receipt of a complete license application and fee. Said temporary license
j will automatically expire on the fourteenth (14th) day (or on such day established pursuant to any
extension granted herein . ) following the filing of a complete application and fee, unless the
I' clerk has failed to approve or deny the license application, in which case the temporary license
i•
shall be valid until the clerk approves or denies the application, or until the final determination of
jany appeal from a denial of the application.
i
16
Sec. 5.10.070. Issuance of licenses.
Upon completion of the investigation and review by the departments, a review of '.
the recommendations and verifications, and a determination that all matters contained in the
' application are true and correct and that this chapter has been complied with, the clerk shall issue
such license applied for in accordance with the provisions of this chapter. The applicable license
fee, together with any delinquent fees that may then be due shall first be paid to the city.
Sec. 5.10.080. Denial of Application for Licenses. The clerk shall deny the application to:
a. An applicant who is under eighteen (18) years of age. j
who is overdue on his/her payment to the City of
b. Ana applicant p Y
ii
pP
(' taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an
adult entertainment business.
C. An applicant whose place of business is conducted by an agent,
unless such agent possesses the same qualifications required of the licensee, or in the case of a
manager of an adult entertainment business, the manager has obtained a manager's license.
d. A partnership, unless all the members thereof are qualified to
obtain a license as provided in this chapter. Such license shall be issued to the manager-er agent
of said partnership.
e. A corporation, unless all the officers and directors thereof are
I
qualified to obtain a license as provided herein. Such license shall be issued to the neer
agent of said corporation.
f. An applicant who has failed to provide information required on a
I license application for the issuance of the license or has made, with the intent to mislead, a
i
materially false representation in the application for a license under this chapter which the
applicant knows to be false.
g. The applicant has failed to comply with any provision or
`i
i
requirement of this chapter.
h. An applicant having an interest in any license granted under this
chapter revoked within six months from the date of application.
17
11
Sec. 5.10.090. License term - renewals.
A. There shall be no prorating of the license fees for licenses required
pursuant to this chapter, and all such licenses shall expire on the thirty-first day of December of
each year, except that in the event that the original application is made subsequent to June 30,
then one-half of the annual fee may be accepted for the remainder of said year.
B. Application for renewal of licenses issued hereunder shall be made to the
clerk no later than thirty days prior to the expiration of adult entertainment business licenses and
managers and entertainers business licenses. The renewal license shall be issued in the same
manner and on payment of the same fees as for an original application under his chapter. All
applicants for a license renewal shall present their current license for verification of identity, and
upon issuance of a renewed license, shall surrender the expiring license to the clerk. There shall
be assessed and collected by the clerk, an additional charge of twenty-five percent (25%) of the
license fee, on applications not made on or before said date.
C. The clerk shall renew a license upon application unless the clerk is aware
of facts that would disqualify the applicant from being issued the license for which he or she
seeks renewal, and further provided that the application complies with all provisions of this
chapter as now enacted or as the same may hereafter be amended.
Sec. 5.10.100. Other license requirements.
A. Duty to Supplement.
1. Applicants for a 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. If any person or entity acquires,
subsequent to the issuance of an adult entertainment business license for places offering adult
entertainment, an interest in the licensed premises or the licensed business, immediate notice of
such acquisition shall be provided in writing to the clerk. The notice shall include the
information required to be provided for the original adult entertainment business. The failure to
supplement the application on file with the clerk regarding such change in ownership or interest,
18
within thirty (30) days from the date of such change, shall be grounds for suspension or
revocation of a license.
2. The applicant must be qualified according to the provisions of this
Section and the premises must be inspected and found to be in compliance with health, fire, and
building codes of the City.
3. The fact that a person possesses other types of State or City
i j permits and/or licenses does not exempt him/her from the requirement of obtaining an adult
entertainment business.
B. Manager on Premises. A licensed manager shall be on duty on the
premises of an adult business at all times that adult entertainment is being provided.
C. License Nontransferable.
I
No license or permit issued pursuant to this chapter shall be assignable or
transferable. For purposes of this chapter, "assignable" or "transferable" shall mean and include
any of the following:
I . The sale, lease or sublease of the business; or
2. The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift or other similar legal devise
which transfers the ownership or control of the business, except for transfer by bequest or other
operation of law.
D. Name of Business and Place of Business.
No person granted a license pursuant to this chapter shall operate the adult
i
entertainment business under a name not specified in the license, nor shall he or she conduct
business under any designation or location not specified in the license.
E. License - Posting and Display.
1. The adult entertainment business license, if granted, shall state on
its face the name of the person or persons to whom it is issued, the expiration date, and the
address of the licensed adult entertainment business. The license shall be posted in a
conspicuous place at or near the entrance to the licensed premises so that it can be easily read at
any time the business is open.
2. The license of the manager on duty shall be prominently posted
during business hours.
3. Entertainer licenses need not be posted, but must be available on
the premises when the entertainer is on the premises, for immediate inspection by any city
official or law enforcement agency having jurisdiction. Managers' and entertainers' licenses must!
be endorsed by the clerk for the business premises for which the manager is managing and the
entertainer is entertaining.
4. Under no circumstances will12hotocopies or other forms of
reproduction be acceptable as proof of issuance of any license required under this chanter.
4. 5. Violation/penalty. Any violation of the provisions of this
subsection is a misdemeanor as set forth in this chapter.
F. Inspection of licenses.
j The manager shall, upon request by any law enforcement officer or
business license inspector, make available for inspection the entertainer licenses required to be
on the premises as described herein.
Sec. 5.10.110. Specifications - exotic dance studios.
A. Separation of Adult Entertainment Performance Area. The portion of the
i
exotic dance studio premises in which dancing and adult entertainment by an entertainer is
performed shall be a stage or platform at least twenty-four (24) inches in elevation above the
j level of the patron seating areas and shall be situated so that no dances performances, or
f
exhibitions by an entertainer shall occur closer than ten (10) feet to any patron. The stage(s)
must be visible from the common areas of the premises and at least one manager's station.
ii
B. Lighting. Sufficient lighting shall be provided and equally distributed in
and about the parts of the premises which are open to and used by patrons so that all objects are
I plainly visible at all times, and shall be illuminated so that patrons, on any part of the premises
i open to the public, shall be able to read a program, menu, or list printed in eight (8) point type.
MCI
C. Visibility. Neither the No adult entertainment performance nor ffty
photograph, drawing, sketeh or other pieterial or graphie representation thereof dispi"ing "dity
may be visible outside the premises of the adult entertainment business.
D. Submittal of Plans. Building plans showing conformance with the
i'
requirements of this Section shall be included with any application for an exotic dance studio
business license.
E. Signs. Signs of sufficient size to be readable at twenty (20) feet shall be
conspicuously displayed in the public area of the establishment stating the following:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF
KENT. ENTERTAINERS ARE:
(A) Not permitted to engage in any type of sexual conduct;
(B) Not permitted to dance or appear nude, except on stage;
(C) Not permitted to solicit or demand or to directly accept, or receive any gratuity or
other payment from a patron.
Sec. 5.10.120. Standards of conduct and operation applicable to exotic dance
studios.
A. Standards for Patrons Employees and Entertainers. The following
standards of conduct must be adhered to by patrons, entertainers and/or employees of exotic
dance studios at all times adult entertainment is performed.
1. Admission to exotic dance studios under this section shall be
restricted to persons of the age of eighteen (18) years or more.
2. All dances, performances or exhibitions -datteing and adult,
efttertaimn by an entertainer shall occur on the entertainment performance areas intended for
that numnse described in Section 5.10.110(A).
3. No dances, performances. or exhibitions
I erttertairtment by an entertainer shall occur closer than ten (10) feet to any patron.
21
4. No patron er-ett� shall go into or upon the adult entertainment
performance area described in Section 5.10.110(A) above while adult entertainment is being
i'
performed.
i!
5. Noap tron• employee or entertainer shall be nude on the premises
and no entertainer or shall entertain while nude except on the entertainment performance area
described in subsection 5.10.110(A).
6. Noap tron, 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 any other person.
7. Noatp ron• employee or entertainer shall
I allow, encourage, or permit physical contact between an employee or entertainer and any
member of the public, which contact is intended to arouse or excite sexual desires.
8. No employee or entertainer shall perform acts in a lewd or obscene
fashion or perform acts of or acts which simulate:
a. Specified sexual activities as defined in this chapter; or
b. The touching, caressing or fondling of the breasts, buttocks
I
or genitals.
9. No entertainer employed or otherwise working at an exotic dance
studio shall solicit any gratuity or other payment from a patron or customer.
10. No customer or patron of an adult entertainment business shall
j directly pay or give any gratuity or other payment to any entertainer.
11. It is unlawful for any entertainer, manager, employee, or
waitperson to perform more than one such function at an exotic dance studios on the same
business day.
12. It is unlawful for any entertainer to use any stage name or
nickname not listed in the application for entertainers license.
I i 13. No exotic dance studio licensee shall employ as an entertainer a
person under the age of eighteen years or a person not licensed pursuant to this chapter.
22
14. No exotic dance studio licensee shall service, sell, distribute, or
suffer the consumption or possession of any intoxicating liquor or controlled substance upon the
premises of the licensee.
j B. The responsibilities of the manager of an exotic dance studio shall include
but are not limited to:
1. A licensed manager shall be on duty at an exotic dance studio at all '.
j times adult entertainment is being provided or members of the public are present on the premises.
The name and license of the manager shall be prominently posted during business hours.
Managers shall be required to verify and ensure that entertainers possess a current and valid
entertainer license available for immediate inspection on the premises.
2. The licensed manager on duty shall not be an entertainer.
3. The manager licensed under this Chapter shall maintain visual
observation of each member of the public at all times any entertainer is present in the public or
performance area of the exotic dance studio. Where there is more than one performance area, or
the performance area is of such size or configuration that one manager or assistant manager is
unable to visually observe, at all times, each adult entertainer, each employee, and each member
is
of the public, a manager or assistant manager licensed under this Chapter shall be provided for
each public or performance area or portion of a public or performance area visually separated
from other portions of the exotic dance studio.
4. The manager shall be responsible for and shall assure that the
actions of members of the public, the adult entertainers and all other employees shall comply
with the dress code and conduct set forth in Section 5.10.120 and all other requirements of this
II
chapter.
C. Violation/penalty. Any violation of the provisions of this section by a
'i patron, owner, operator, manager, or any employee is a misdemeanor as set forth in this chapter.
23
Sec. 5.10.130. Regulations applicable to adult arcades, adult motion picture theaters and
other adult entertainment businesses providing on site entertainment.
------------
A. Gottstrttet or, "N`aifftte anee Specifications.
1. -2-. The licensee shall not permit any doors to public areas on the
premises to be locked during business hours.
2. 3- Any room or area on such premises shall be readily accessible at
all times for inspection by any law enforcement officer or license inspector.
B. Additional specifications applicable to adult arcades.
1. The interior of the show premises shall be arranged in such a
j manner as to insure that patrons are fully visible from the waist down, and all persons viewing
such panoram pictures shall be visible from the common areas of such premises.
2. No more than one patron at a time shall be present in a booth,
cubicle, room, or stall wherein adult entertainment is provided.
3. The licensee shall maintain, at a minimum, illumination as
required in this chapter for exotic dance studioseg nerally distributed in all parts of the premises
at all times when the facilitv is open or when the public is permitted to enter or remain therein.
C. $: Standards of Conduct.
1. Admission shall be restricted to persons of the age of eighteen 18)
years or more and it shall be unlawful for any owner, operator, manager or employee of an adult
arcade to knowincly permit or allow any person under the aQe of eichteen 0 8) vears to be in or
upon such premises.
24
47 2. No patron shall be unclothed or in such attire, costume or clothing
so as to be in a state of nudity or engage in any specified sexual activity and no owner ,operator
ngly allow such conduct in or upon the premises.
or manager or employee shall knowi
i 2. TTo more Litan one 4 ron F 4' shall be -present
r tit
t
et+iele, room, or stall w4terein adult entertainment is provid-ed -1-0 vis
3. Violation/penalty. Any violation of the provisions of this
ii
subsection by a patron, owner, operator, manager, or any employee is a misdemeanor as set forth
in this chapter.
Sec. 5.10.140. Regulations applicable to book stores, novels stores, video stores and other
businesses whether or not qualifying as adult entertainment businesses.
A. Book stores, novelty stores, video stores, and other businesses that sell or
otherwise distribute books, magazines, films, motion pictures, video cassettes, slides, or other
visual representations which are characterized by the depiction or description of nudity or
specified sexual activities, and whether or not such businesses qualify as an adult entertainment
business under this chapter and whether or not less than 20% of their stock -in -trade or revenues
i
comes from the rental or sale of such items, shall be subject to the following regulations:
1. All such items as are described above shall be physically
segregated and closed off from other portions of the store sueh so that these items are not visible
and/or accessible from other portions of the store where non -adult entertainment material, if any.
is displayed sold or rented.
2. No advertising for such items shall be posted or otherwise visible,
except where such items are authorized for display.
3. Signs readable at a distance of 20 feet shall be posted at the
entrance to the business or the area where such items are displayed stating that persons under the
age of eighteen (18) are not allowed access to the area where such items are displayed.
I
4. The manager or attendant shall take responsible steps to monitor
the area where such items are displayed to insure that persons under eighteen (18) years of age do
not access the age -restricted area.
25
5. Employees of such businesses shall check identification of persons
appearing to be eighteen (18) or under to insure that such items are not rented or sold to persons
i
under the age of eighteen (18).
B Rental or sale of obscene material (as defined by state
law) or material harmful to minors (as defined by state law) to persons under eighteen (18) years
of age is prohibited. Violation/penalty. Any violation of the provisions of this subsection by an
owner, operator, or manager, or employee of an adult entertainment business is a misdemeanor as
set forth in this chapter.
See. 5.10.150. Exemptions.
A. This chapter shall not be construed to prohibit:
1. Plays, operas, musicals, or other dramatic works which are not
obscene;
2. Classes, seminars and lectures held for serious scientific or
j educational purposes; or
I 3. Exhibitions or dances which are not obscene.
B. For purposes of this chapter, an activity is obscene if:
1. Taken as a whole by an average person applying contemporary
i
community standards the dominant theme of the activity appeals to a prurient interest in sex;
1,
2. The activity portrays or depicts in a patently offensive m a as
andard
measured against community standards. representations
of:
a. Ultimate sexual acts, normal or perverted, actual or
simulated; or
b. Masturbation, fellatio, cunnilingus, bestiality, excretory
functions, or lewd exhibition of the genitals or genital area; or 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.
26
Sec. 5.10.160. Record keeping requirements.
A. All licenses, papers, records, and things required to be kept pursuant to
this chapter shall be open to inspection by the clerk during the hours when the licensed premises
are open for business, upon two days' written notice. The purpose of such inspections shall be to
determine whether the licenses, papers, records, and things meet the requirements of this chapter.
B. Each adult entertainment business shall maintain and retain for a period of
two years the name, address, and age of each person employed or otherwise retained or allowed
to perform on the premises as an adult entertainer, including independent contractors and
employees. This information shall be open to inspection by the clerk during hours of operation
Of the business upon twenty-four hours notice to the licensee.
C. No later than March I of each year an erotie exotic dance studio licensee
shall file a verified report with the clerk showing the licensee's gross receipts and amounts paid
to entertainers for the preceding calendar year. Amounts paid to entertainers include. but are not
limited to tins patrons pay indirectly to entertainers throush the adult entertainment business.
Sec. 5.10.170. Inspections.
In order to insure compliance with this chapter, all areas of licensed adult
entertainment businesses which are open to members of the public shall be open to inspection by
j.
city agents and employees during the hours when the premises are open for business. The
purpose of such inspections shall be to determine if the licensed premises are operated in
i
accordance with the requirements of this ordinance. It is hereby expressly declared that
unannounced inspections are necessary to insure compliance with this ordinance.
27
ii
.irelated to, devoted>
theater.
I
i
Sec. 5.10.160. Record keeping requirements.
A. All licenses, papers, records, and things required to be kept pursuant to
this chapter shall be open to inspection by the clerk during the hours when the licensed premises
are open for business, upon two days' written notice. The purpose of such inspections shall be to
determine whether the licenses, papers, records, and things meet the requirements of this chapter.
B. Each adult entertainment business shall maintain and retain for a period of
two years the name, address, and age of each person employed or otherwise retained or allowed
to perform on the premises as an adult entertainer, including independent contractors and
employees. This information shall be open to inspection by the clerk during hours of operation
Of the business upon twenty-four hours notice to the licensee.
C. No later than March I of each year an erotie exotic dance studio licensee
shall file a verified report with the clerk showing the licensee's gross receipts and amounts paid
to entertainers for the preceding calendar year. Amounts paid to entertainers include. but are not
limited to tins patrons pay indirectly to entertainers throush the adult entertainment business.
Sec. 5.10.170. Inspections.
In order to insure compliance with this chapter, all areas of licensed adult
entertainment businesses which are open to members of the public shall be open to inspection by
j.
city agents and employees during the hours when the premises are open for business. The
purpose of such inspections shall be to determine if the licensed premises are operated in
i
accordance with the requirements of this ordinance. It is hereby expressly declared that
unannounced inspections are necessary to insure compliance with this ordinance.
27
i
�I
Sec. 5.10.180. Hours of operation.
It is unlawful for any adult entertainment business premises, to be conducted,
operated, or otherwise open to the public between the hours of two a.m. (2:00 a.m.) and ten a.m.
(10:00 a.m.). Violation/penalty. Any violation of the provisions of this section by the owner,
operator or manager of an adult entertainment business is a misdemeanor as set forth in this
chapter.
Sec. 5.10.190. Appeal of license denial - hearing.
A. Notice. Any person aggrieved by the action of the clerk in refusing to
issue or renew any license issued under this chapter shall have the right to appeal such action to
the hearing examiner by filing a notice of appeal with the clerk within ten (10) days of notice of
the refusal to issue or renew. Such appeal shall be processed pursuant to the hearing procedures
set forth in Chapter 2.32 of the Kent City Code. The hearing examiner shall set a date for
hearing such appeal, to take place within forty-five (45) days of the date of receipt of the notice
of appeal unless such time is extended by mutual consent. At such hearing the appellant and
other interested persons may appear and be heard, subject to rules and regulations of the hearing
examiner. The decision of the clerk not to renew a license shall be stayed durinc the pendency of
any appeal to the hearing examiner and during any judicial anneal.
B. Final Administrative Review. Appeal to the hearing examiner shall
constitute final administrative review.
C. Appeal to Superior Court. An appeal of the decision of the hearing
examiner must be filed with Superior court within thirty (30) calendar days from the date the
hearing examiner's decision was personally served upon or was mailed to the person to whom the
notice of civil violation was directed, or is thereafter barred.
Sec. 5.10.200. License suspension and revocation - hearing.
A. Grounds. The clerk, upon the recommendation of the chief of police or
other city official responsible for administering laws and regulations pertaining to any license
issue under this chapter, or his/her designee, may suspend or revoke any license issued under the
28
provisions of this chapter at any time where the same was procured by fraud or through a
materially false representation of fact; or for the violation of, or failure to comply with, the
provisions of this chapter or any other similar local or state law by the licensee or any of his/her
servants, agents or employees when the licensee knew or should have known of such acts or
violations committed by its servants. agents or employees; or the conviction of the licensee, or
any of his or her servants, agents, or employees, of any crime or offense involving prostitution,
promoting prostitution, sexual crimes against children, sexual abuse, rape, distribution of
obscenity or material harmful to minors, or transactions involving controlled substances (as that
term is defined in RCW Chapter 69.50) committed on the premises of the adult entertainment
business.
B. Suspension and Revocation. A license procured by fraud or
misrepresentation shall be revoked. Where other violations of this chapter or other applicable
ordinances, statutes or regulations are found, the license shall be suspended for a period of thirty
(30) days upon the first such violation, ninety (90) days upon the second violation within a 24
month period, and revoked for third and subsequent violations within a 24 month period, not
including periods of suspension; EXCEPT that where the city building official or fire marshall or
their designees or the King County Health Department find that any condition exists upon the
premises of an adult entertainment business which constitutes a threat of immediate serious
injury or damage to persons or property, said official may immediately suspend any license
issued under this chapter pending a hearing in accordance with Section 5.10.190 above. The
official shall issue notice setting forth the basis for the action and the facts that constitute a threat
of immediate serious injury or damage to persons or property.
C. Notice. The clerk shall provide at least ten (10) days prior written notice
to the licensee of the decision to suspend or revoke the license. Such notice shall inform the
licensee of the right to appeal the decision to the hearing examiner and shall state the effective
date of such revocation or suspension and the grounds for revocation or suspension. Such appeal
shall be processed pursuant to the hearing procedures set forth in Chapter 2.32 of the Kent City
Code. The hearing examiner shall set a date for hearing such appeal, to take place within forty-
five (45) days of the date of receipt of the notice of appeal unless such time is extended by
29
mutual consent. At such hearing the appellant and other interested persons may appear and be
heard, subject to rules and regulations of the hearing examiner. The decision of the clerk shall be
stayed during the pendency of any appeal to the hearing examiner and during any judicial appeal
D. Final Administrative Review. Appeal to the hearing examiner shall
constitute final administrative review.
E. Appeal to Superior Court. An appeal of the decision of the hearing
examiner must be filed with the Superior Court within thirty (30) calendar days from the date the
hearing examiner's decision was personally served upon or was mailed to the person to whom the
notice of suspension or revocation was directed, or is thereafter barred.
Sec. 5.10.210. Nuisance declared.
A. Public nuisance. Any adult entertainment business operated, conducted,
or maintained in violation of this chapter or any law of the City of Kent or the State of
Washington shall be, and the same is, declared to be unlawful and a public nuisance. The City
Attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence
an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take
such other steps and apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such public nuisance, and restrain and enjoin any person from operating,
conducting or maintaining an adult entertainment business contrary to the provisions of this
chapter.
B. Moral nuisance. Any adult entertainment business operated, conducted or
maintained contrary to the provisions of RCW Chapter 7.48A, Moral Nuisance, shall be, and the
same is declared to be, unlawful and a public and moral nuisance and the City Attorney may, in
addition to or in lieu of any other remedies set forth herein, commence an action or actions, to
abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the
manner provided by RCW Chapter 7.48A.
30
i
ii
Sec. 5.10.220. Limitation of liability.
None of the provisions of this ordinance are intended to create a cause of action or
, against the City, its officials, or employees for the performance or
provide the basis for a claim
the failure to perform a duty or obligation running to a specific individual or specific individuals.
jAny duty or obligation created herein is intended to be a general duty or obligation running in
I,
favor of the general public.
Sec. 5.10.230. Violation; penalty - misdemeanor.
In addition to other remedies provided for in this chapter, any person violating
i
any of the provisions of this chapter constituting a misdemeanor shall, upon conviction, be
punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not
more than ninety (90) days, or by both such fine and imprisonment, and each and every day
during which any violation is committed, continued or permitted shall be deemed a separate
offense; provided, no person shall be deemed guilty of any violation of this ordinance if acting in
I
an investigative capacity pursuant to the request or order of the police chief or prosecuting
attorney or duly -appointed agent thereof.
Sec. 5.10.240. Additional enforcement.
The remedies found in this chapter are not exclusive, and, the City may seek any
l other legal or equitable relief, including but not limited to enjoining any acts or practices which
i constitute or will constitute a violation of any business license ordinance or other regulations
1 it herein adopted.
i'
f j Sec. 5.10.250. Severability. If any section, sentence, clause or phrase of this ordinance should
I
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,
I
clause or phrase of this ordinance. Any ordinance or regulation in conflict with this ordinance is
hereby repealed.
31
SECTION 2. SEVERABILITY. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
I �
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
l;
l
SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided by law.
WHITE, MAYOR
ATTEST:
f
i
BRENDA JACOB TY CLERK
I
A nnu nvRTl A C Tn FOR M
�i
PASSED IS day of , 1995.
APPROVED lday of , 1995.
PUBLISHED / day of , 1995.
i,
i
32
i
I hereby certify that this is a true copy of Ordinance No. -�22L, passed by the
City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as
i
hereon indicated.
tiL��rt-d uai
(SEAL)
BRENDA JAC E CITY CLERK
adltlord
33