HomeMy WebLinkAbout2778ORDINANCE NO. c�Z7%9
AN ORDINANCE of the City of Kent,
Washington, regarding the establishment of
regulatory standards for businesses, managers,
and employees that provide adult entertainment
in t h e City o f Kent, Ot, „L:� S. 3,-Q T,!> K`- C'
WHEREAS, cities have the right to enact laws for the
protection of the public health, safety and general welfare; and
WHEREAS, various Washington State municipalities have
found it is necessary for the public health, safety, and welfare
to regulate businesses, managers, and employees that provide adult
entertainment; and
WHEREAS, the City Council has adopted ordinances relating
to adult businesses and adult entertainment that regulate adult
book stores and adult motion picture theatres, massage parlors and
massagists, and adult entertainment in businesses licensed by the
Washington Liquor Control Board in order to protect the public
health, safety, and general welfare of the City as well as to
protect and preserve the quality of the City's neighborhoods,
commercial districts, and the quality of urban life; and
WHEREAS, the City Council has determined that adult
entertainment, including nude and semi-nude dancing, in public
establishments is frequently linked to patron, employee, and owner
participation in criminal activity including controlled substance
violations, liquor law violations, prostitution, and, generally,
increased criminal activity; and
WHEREAS, the City takes notice of the experiences of
other cities and counties in combating the specific adverse
impacts of businesses providing adult entertainment including nude
and semi-nude dancing; and
WHEREAS, the City has conducted a study of the impacts of
adult entertainment places and adult uses in its city in a report
entitled "City of Kent - Adult Use Zoning Study" issued by the
Kent Planning Department in November, 1982, which is incorporated
herein by this reference; and
WHEREAS, the City has closed two adult use businesses due
to violations of business licenses and/or criminal activity as is
set forth in the above -referenced study; and
WHEREAS, certain testimony has been presented to the City
Council and its committees through verbal and written statements
concerning the adverse secondary impacts of businesses providing
adult entertainment; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. A new ordinance regulating businesses,
managers and employees that provide adult entertainment is adopted
as follows:
5.32.010. FINDINGS OF FACT. Based on public testimony
and other evidence and information before it, the Kent City
Council makes the following Findings of Fact:
A. The activities defined and regulated hereinafter 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 herein.
B. Regulation of the adult entertainment industry is
necessary because in the absence of such regulation significant
criminal activity has historically and regularly occurred. This
history of criminal activity in the adult entertainment industry
has included prostitution, narcotics and liquor law violations,
breaches of the peace and the presence within the industry of
individuals with hidden ownership interests and outstanding arrest
warrants.
C. In the absence of regulation, the activities
described above occur regardless of whether the adult
entertainment is presented in conjunction with the sale of
alcoholic beverages.
- 2 -
D. It is necessary to license entertainers in the adult
entertainment industry to prevent the exploitation of minors; to
ensure that each such entertainer is an adult; 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.
E. It is necessary to have a licensed manager on the
premises of establishments offering adult entertainment at such
times as such establishments are offering adult entertainment so
that there will at all necessary times be an individual
responsible for the overall operation of the establishment,
including the actions of patrons, entertainers and other employees
F. The license fees required herein are nominal fees
imposed as necessary regulatory measures designed to help defray
the substantial expenses incurred by the City in regulating the
adult entertainment industry.
G. Hidden ownership interests for the purposes of
skimming profits and avoiding the payment of taxes have
historically occurred in the adult entertainment industry in the
absence of regulation. These hidden ownership interests have
historically been held by organized and white collar crime
elements. In order for 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.
5.32.020. DEFINITIONS. For the purpose of this chapter
the words and phrases used herein, unless the context otherwise
indicates, shall have the following meanings:
A. "Public place of amusement," "public
amusement/entertainment," and "public entertainment" mean an
amusement, diversion, entertainment, show, performance,
exhibition, display or like activity, for the use or benefit of a
member or members of the public, or advertised for the use or
benefit of a member of the public, held, conducted, operated or
maintained for a profit, either direct or indirect.
B. "Manager" means any person appointed by the
operation who manages, directs, administers, or is in charge of,
the affairs and/or the conduct of any portion of any activity
- 3 -
involving adult entertainment occurring at any place offering
adult entertainment.
C. "Entertainer" means any person who provides adult
entertainment within a public place of amusement as defined in
this section whether or not a fee is charged or accepted for such
entertainment.
D. "Entertainment" means any exhibition or dance of any
type, pantomime, modeling or any other performance.
E. "Adult entertainment" means any exhibition or dance
of any type conducted in premises where such exhibition or dance
involves a person that is unclothed or in such attire, costume or
clothing as to expose to view any portion of the breast below the
top of the areola or any portion of the pubic region, anus,
buttocks, vulva or genitals.
F. "Employee" means any and all persons, including
entertainers and independent contractors, who work in or at or
render any services directly related to the operation of a public
place of amusement, which offers, conducts or maintains adult
entertainment.
G. "Operator" means any person operating, conducting or
maintaining an adult entertainment business.
5.32.030. LICENSE FOR BUSINESS REQUIRED - FEE.
A. No public place of amusement, including but not
limited to places which offer adult entertainment, shall be
operated or maintained in the City of Kent unless the owner or
lessee thereof has obtained a license from the City Clerk;
Provided, however, that it is unlawful for any entertainer,
employee or operator to knowingly work in or about, or to
knowingly perform any service directly related to the operation of
an unlicensed public place of amusement/entertainment.
B. The annual fee for such a license shall be $500.00.
C. This license expires annually on December 31 and
must be renewed by January 1.
D. There will be no prorating of the fee.
E. The applicant must be 18 years of age or older.
- 4 -
5.32.040. LICENSE FOR MANAGERS AND ENTERTAINERS REQUIRED
- FEE.
A. No person shall work as a manager or entertainer at
a public place of amusement offering adult entertainment without
having first obtained a manager's or an entertainer's license from
the City Clerk pursuant to section 5.32.070 of this chapter.
B. The annual fee for such a license shall be $150,00.
C. This license expires annually on December 31 and
must be renewed by January 1.
D. There will be no prorating of the fee.
E. The applicant must be 18 years of age or older.
5.32.050. DUE DATE FOR LICENSE FEES. All licenses
required by 5.32.030 must be issued and the applicable fees are
due and payable to the City Clerk at least fourteen (14) calendar
days before the opening of the adult entertainment business.
5.32.060. RENEWAL OF LICENSE, REGISTRATION OR PERMIT -
LATE PENALTY. A late penalty shall be charged on all applications
for renewal of a license, received later than ten (10) calendar
days after the expiration date of such license. The amount of
such penalty is fixed as follows:
A. For a license, requiring a fee of fifty cents or
more, but less than or equal to seventy-five dollars, twenty
percent of the required fee;
B. For a license, requiring a fee of more than
seventy-five dollars, ten percent of the required fee.
5.32.070. LICENSE APPLICATIONS.
A. Public Adult/Entertainment License. All
applications for a public amusement/entertainment license for
places which offer adult entertainment shall be submitted in the
name of the person or entity proposing to conduct such public
amusement/entertainment on the business premises and shall be
signed by such person and notarized or certified as true under
penalty of perjury. All applications shall be submitted on a form
supplied by the City Clerk, which shall require the following
information:
1. The name, home address, home telephone number,
date and place of birth, driver's license number, if any, and
- 5 -
social security number of the applicant if the applicant is an
individual.
2. The business name, address and telephone number
of the establishment.
3. The names, addresses, telephone numbers, and
social security numbers of any partners, including limited
partners, corporate officers, shareholders who own ten percent or
more of the business, or other persons who have a substantial
interest or management responsibilities in connection with the
business, specifying the interest or management responsibility of
each. For the purpose of this subsection "substantial interest"
shall mean ownership of ten percent or more of the business, or
any other kind of contribution to the business of the same or
greater size.
4. Terms of any loans, leases, secured
transactions and repayments therefore relating to the business.
5. Addresses of the applicant for the five (5)
years immediately prior to the date of application.
6. A description of the adult entertainment or
similar business history of the applicant; whether such person or
entity, in previously operating in this or another city, county or
state, has had a business license revoked or suspended, the reason
therefore, and the activity or occupation subsequent to such
action, suspension or revocation.
7. Any and all criminal 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 owner, partner or corporation.
8. A description of the business, occupation, or
employment of the applicant for the three (3) years immediately
preceding the date of application.
9. Authorization for the City, its agents and
employees to seek information to confirm any statements set forth
in the application.
10. Supplemental identification and/or information
necessary to confirm matters set forth in the application.
B. Manager or Entertainer License. A separate license
shall be obtained for each and every establishment at which the
applicant will practice. All applications for a manager's or
entertainer's license shall be signed by the applicant and
notarized or certified to be true under penalty of perjury. All
applications shall be submitted on a form supplied by the City
Clerk, which shall require the following information:
1. The applicant's name, home address, home
telephone number, date and place of birth, fingerprints taken by
the Kent Police Department employees, social security number, and
any stage names or nicknames used in entertaining.
2. The name and address of each business at which
the applicant intends to work.
3. The applicant shall present documentation that
he or she has attained the age of eighteen (18) years. Any of the
following shall be accepted as documentation of age:
(i) a motor vehicle operator's license issued
by any state bearing the applicant's photograph and date of birth,
or
(ii) a state issued identification card bearing
the applicant's photograph and date of birth.
4. A complete statement of all convictions of the
applicant for any 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
five (5) years immediately prior to the date of application
specifying the period of residence at each address.
7. The name and address of employers or
individuals or businesses for whom the applicant was an employee
or independent contractor for the three (3) year period
immediately prior to the date of application, including the period
of employment.
8. Supplemental information and/or identification
deemed necessary by the Clerk of; her or his designee to confirm
any statements set forth in the application.
9. Authorization for the City, its agents and
employees to investigate and confirm any statements set forth in
the application.
C. If any person or entity acquires, subsequent to the
issuance of a public amusement/entertainment license for places
l offering adult entertainment, a substantial interest in the
- 7 -
licensed premises, immediate notice of such acquisition shall be
provided in writing to the City Clerk, and in no event, no later
than twenty-one (21) days following such acquisition. The
information required to be provided pursuant to this subsection
'shall be that information required pursuant to subsection 5.32.070
i; of this chapter.
D. Copies of an application shall, within five (5)
calendar days of receipt thereof, be referred by the City Clerk to
the Planning, Building, Fire or other appropriate Departments.
The departments shall, within thirty (30) business days, inspect
the application, the premises proposed to be operated as an adult
entertainment place and shall make written verification to the
City Clerk that such premises complies with the codes of the
City. No license may be issued without such verification. The
application shall also be referred to the Police Department for a
criminal records check and verification of the information
provided by the applicant on the application for a license. i
E. 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 City Clerk shall issue such license
applied for in accordance with the provisions with this chapter;
provided, however, that the applicable license fee, together with
any delinquent fees that may then be due shall first be paid to
the City.
5.32.080. MANAGER ON PREMISES. A licensed manager shall
be on the premises of a public place of amusement at all times
that adult entertainment is being provided.
5.32.090. LICENSE NONTRANSFERABLE. No license or permit
shall be transferable.
5.32.100. LICENSE - POSTING AND DISPLAY.
A. Every adult entertainer shall post his or her permit
in his or her work area so it is readily available for public
inspection.
B. Every person, corporation, partnership, or
association licensed under this Chapter shall display such license's
in a prominent place. The name of the manager on duty shall be
prominently posted during business hours.
5.32.120. LICENSE - NAME OF BUSINESS AND PLACE OF
BUSINESS. No person granted a license pursuant to this Chapter
shall operate the adult entertainment business under a name not
specified in his/her license, nor shall he/she conduct business
under any designation or location not specified in his/her license
5.32.130. ADULT ENTERTAINMENT. Any license issued for
an adult entertainment business may be revoked or suspended by the
City Council after notice of not less than ten (10) calendar days,
and a subsequent hearing for good cause, or in any case where any
of the provisions of this Chapter are violated, or where any
employee of the licensee is engaged in any conduct which violates
any state or local laws or ordinances at licensee's place of
business and of which the licensee has actual or constructive
knowledge. Such permit may also be revoked or suspended by the
City Council after notice and hearing, upon the recommendations of
the County Health Department that such business is being managed,
conducted, or maintained without regard to proper sanitation and
hygiene.
5.32.140. PERMIT - REVOCATION OR SUSPENSION. An adult
entertainment manager or entertainer permit issued by the City
Clerk shall be revoked or suspended where it appears that the
operator has made a false statement on an application for a
permit, or has committed an act in violation of this Chapter.
5.32.150. LICENSE - SALE, TRANSFER, OR RELOCATION. Upon
sale, transfer or relocation of an adult entertainment business,
the license therefor shall be null and void; Provided, however,
that upon the death or incapacity of the licensee or any
colicensee, any heir or devisee of a deceased licensee, or any
guardian of an heir or devisee of a deceased licensee may continue
the adult entertainment for a reasonable period of time not to
exceed sixty (60) calendar days to allow for an orderly renewal of
the license, if such new licensee fulfills all requirements of
this Chapter.
5.32.160. STANDARDS OF CONDUCT AND OPERATION.
A. The following standards of conduct must be adhered
to by employees of any public place of amusement which offers,
conducts, or maintains adult entertainment:
1. No employee or entertainer shall be unclothed
or in such less than opaque and complete attire, costume or
clothing so as to expose to view any portion of the breast below
the top of the areola or of any portion of the pubic region, anus,
buttocks, vulva or genitals except as provided for in subdivision
6 of this subsection and section 5.32.160.C.3 of this chapter.
2. No employee or entertainer mingling with the
patrons shall be unclothed or in such attire, costume or clothing
as described in subdivision 1. of this subsection.
3. No employee or entertainer shall encourage or
knowingly permit any person upon the premises to touch, caress or
fondle the breasts, buttocks, anus or genitals of any other person
4. No employee or entertainer shall wear or use
any device or covering exposed to view which simulates the breast
below the top of the areola, vulva or genitals, anus, buttocks, or
any portion of the pubic region.
5. No employee or entertainer shall perform acts
of or acts which simulate:
a. Sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, or any sexual acts
which are prohibited by law;
b. The touching, caressing or fondling of the
breasts, buttocks or genitals; or
C. The displaying of the pubic region, anus,
vulva or genitals; except as provided for in subdivision 6 of this
subsection and section 5.32.160.1.3 of this chapter.
6. No employee or entertainer shall be unclothed
or in such less than opaque and complete attire, costume or
clothing so as to expose to view any portion of the breast below
the top of the areola, or any portion of the pubic region, vulva
or genitals, anus and/or buttocks exposed to view except upon a
stage at least eighteen inches above the immediate floor level anc
removed at least six feet from the nearest patron.
7. No employee or entertainer shall use artificial
devices or inanimate objects to depict any of the prohibited
activities described in this subsection.
- 10 -
a. No employee or entertainer shall remain in
or upon the public place of amusement who exposes to public view
any portion of his or her genitals or anus except as expressly
provided for in subdivision 6 of this subsection and section
5.32.160.C.3 of this chapter.
8. No entertainer of any place offering adult
entertainment shall be visible from any public place during the
hours of his or her employment, or apparent hours of his or her
employment, on the premises.
9. No entertainer at a place offering adult
entertainment shall demand or collect all or any portion of a fee
from a patron for entertainment before its completion.
10. A sign shall be conspicuously displayed in the
common area of the premises, and shall read as follows:
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 be unclothed or in such
less than opaque and complete attire, costume or clothing so as to
expose to view any portion of the breasts below the top of the
areola, any portion of the pubic region, buttocks, genitals or
vulva and/or anus except upon a stage at least eighteen inches
from the immediate floor level and removed at least six feet from
the nearest patron; and
C. Not permitted to demand or collect all or
any portion of a fee from a patron for entertainment before its
completion.
B. At any public place of amusement which offers,
conducts, or maintains adult entertainment, the following are
required:
1. Admission must be restricted to persons of the
age of eighteen years or more; and
2. Neither the performance nor any photograph,
drawing, sketch or other pictorial or graphic representation
thereof displaying any portion of the breasts below the top of the
areola or any portion of the pubic hair, buttocks, genitals and/or
anus may be visible outside of the public place of amusement so
licensed.
3. Sufficient lighting shall be provided in and
about the parts of the premises which are open to and used by the
public so that all objects are plainly visible at all times.
C. 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 educational purposes; or
3. Exhibitions or dances which are not obscene.
D. For purposes of this chapter, an activity is
"obscene" if:
1. Taken as a whole by an average person applying
contemporary community standards the activity appeals to a
prurient interest in sex;
2. The activity depicts patently offensive
representations according to Kent community standards 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.
E. For purposes of this chapter, an activity is
"dramatic" if the activity is of, relating to, devoted to, or
concerned specifically or professionally with current drama or the
contemporary theater.
F. Section 5.32.160 of this chapter does not apply to
taverns and premises maintaining liquor licenses. City of Kent
Ordinance 2312 does so apply.
5.32.170. BUSINESS HOURS. No public entertainment shall
be conducted between the hours of two -thirty a.m. and ten a.m.
5.32.180. PUBLIC NUISANCE. Any adult entertainment
business operated, conducted or maintained contrary to the
provisions of this Chapter or any law of the City or State of
Washington shall be, and the same is, declared to be unlawful and
- 12 -
,.
a public nuisance and the City Attorney may, in addition to or in
lieu of prosecuting a criminal action hereunder, commence an
action or actions, for the abatement, removal and enjoinment
thereof, in the manner provided by law; and shall take such other
steps and shall apply to such court or courts as may have
jurisdiction to grant such reliefs as will abate or remove such
adult entertainment business, and restrain and enjoin any person
from operating, conducting or maintaining an adult entertainment
business contrary to the provisions of this Chapter.
5.32.190. VIOLATION - PENALTY. Every person, except
those persons who are specifically exempted by this Chapter,
whether acting as an individual owner, operator, employee, or
agent or independent contractor for the owner, employee or
operator, or acting as a participant or worker in any way directly
or indirectly who works in or operates an adult entertainment
business, of any of the services defined in this Chapter without
first obtaining a license or permit, and paying a fee to do so,
from the City, or violates any provisions of this Chapter shall
be guilty of a misdemeanor. Upon conviction such person shall be
punished by a fine not to exceed five thousand dollars, or by
imprisonment for a period not to exceed twelve months, or by both
such fine and imprisonment.
5.32.200. ADDITIONAL ENFORCEMENT. Notwithstanding the
existence or use of any other remedy, the City may seek legal or
equitable relief to enjoin any acts or practices which constitute
or will constitute a violation of any business license ordinance
or other regulations herein adopted.
5.32.210. SEVERABILITY. If any section, sentence,
clause or phrase of this chapter should be held invalid or
unconstitutional, the validity or constitutionality thereof shall
not affect the validity or constitutionality of any other section
sentence, clause, or phrase of this chapter.
Section 2. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
- 13 -
Section 3. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
DAN KELEEHER, MAYOR
ATTEST:
APPROVED AS TO FORM:
PASSED the (� day of
APPROVED the / day of
PUBLISHED the -�---J-_day of
1988.
1988.
1988.
I hereby certify that this is a true copy of Ordinance
No. , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
5690-190
- 14 -