HomeMy WebLinkAboutORD 5475Amends ORD 4594
CITY OF RENTON,WASHINGTON
ORDINANCE NO.5475
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING CHAPTER
12,ADULT ENTERTAINMENT STANDARDS,OF TITLE V (FINANCE AND BUSINESS
REGULATIONS)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON,WASHINGTON",TO AMEND THE
DEFINITION OF "CRIMINAL ACTIVITIES",TO REPEAL THE SECTION ENTITLED
"INSPECTIONS",AMEND THE REGULATIONS REGARDING LICENSING
APPLICATION AND INVESTIGATION,RECORD KEEPING AND STANDARDS OF
CONDUCT AND TO ADD A NEW SECTION ENTITLED "NUISANCE".
THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DOES ORDAIN AS
FOLLOWS:
SECTION I.Section 5-12-1,Definitions,of Chapter 12,Adult Entertainment
Standards,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code
of General Ordinances of the City of Renton,Washington",is hereby amended so the definition
of "Criminal ActivitiesJJ reads as follows:
CRIMINAL ACTIVITIES:Any conviction,bail forfeiture or adverse finding under
Federal,State or local law for acts including,but not limited to,sexual crimes
against children,sexual abuse,rape,distribution of obscenity,distribution of
erotic material to minors,prostitution,promoting prostitution,transporting
persons for purposes of prostitution or enticing or coercing persons to travel for
purposes of prostitution,permitting prostitution,patronizing a prostitute,
pandering,racketeering,or violations of the Uniform Controlled Substances Act.
SECTION II.Subsection 5-12-4A.1.b.(5)of section 5-12-4,Adult Entertainment
Business License Application,of Chapter 12,Adult Entertainment Standards,of Title V (Finance
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ORDINANCE NO.5475
and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the
City of Renton,Washington",is hereby amended to read as follows:
(5)If any of the partners are corporations or limited liability companies,the
information required in subsection A.1.c below for each corporation or limited
liability company.
SECTION III.Subsection 5-12-4A.1.c of section 5-12-4,Adult Entertainment
Business License Application,of Chapter 12,Adult Entertainment Standards,of Title V (Finance
and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the
City of Renton,Washington",is hereby amended to read as follows:
c.A corporation or limited liability company,the corporation or limited liability
company shall state:
(1)Its complete name,
(2)The date of its incorporation or formation,
(3)Evidence that the corporation or limited liability company is in good
standing under the laws of the State of Washington,
(4)The legal names,dates of birth,optional disclosure of social security
numbers,and capacity of all officers,directors,members and significant
stockholders,and satisfactory documentation that each is eighteen (18)years of
age or older,
(5)The name of the registered agent for the corporation or limited liability
company,
(6)The address ofthe registered office for service of process,and
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ORDINANCE NO.5475
(7)In an affidavit from each officer,director,member or significant
stockholder the relationship of each to the corporation or limited liability
company.
SECTION IV.Section 5-12-5,Adult Entertainment Business License
Investigation,of Chapter 12,Adult Entertainment Standards,of Title V (Finance and Business
Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,
Washington",is hereby amended to read as follows:
The Director shall refer an application for an adult entertainment business
license to the following:
A.Fire and Emergency Services Department and the Community and Economic
Development Department for reports on compliance with all applicable fire,
building and zoning codes of the City,
B.The Seattle-King County Department of Public Health for a report on all
applicable health codes of King County,and
C.The Police Department for investigation and verification of compliance with
applicable provisions of this Chapter related to criminal activity.
Each department shall submit a written response as to its
recommendation on the issuance of a license along with specific reasons and
applicable laws if the recommendation is disapproval of the license.Such reports
shall be submitted within thirty (30)days from the date of the complete
application for an adult entertainment business license.The Director or designee
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ORDINANCE NO.5475
may conduct an on-site inspection of the adult entertainment business prior to
issuing a license to ensure compliance with the requirements of this Chapter.
SECTION V.Section 5-12-19,Record Keeping Requirements,of Chapter 12,
Adult Entertainment Standards,of Title V (Finance and Business Regulations)of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton,Washington",is hereby
amended to read as follows:
A.Within thirty (30)days following each calendar quarter,each adult
entertainment business licensee shall file with the Director a report signed under
penalty of perjury verifying the licensee's gross receipts and amounts paid to
entertainers for the preceding calendar quarter.
B.Each adult entertainment business licensee shall maintain and retain for a
period of two (2)years from the date of termination of employment,the names,
addresses,social security numbers and ages of all persons employed or
otherwise retained as entertainers by the licensee.
C.Each adult entertainment business licensee shall maintain and retain for a
period of two (2)years a record of the name and license of each entertainer by
shift and date.
D.The information required under this Section shall be provided to the Director
or his/her designee within thirty (30)days of a written request made by the
Director or his/her designee.
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SECTION VI.
ORDINANCE NO.5475
Section 5-12-20,Inspections,of Chapter 12,Adult Entertainment
Standards,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code
of General Ordinances ofthe City of Renton,Washington",is hereby repealed.
SECTION VII.Section 5-12-24,Standards of Conduct Applicable to Employees,
Entertainers,Patrons and Customers in Adult Entertainment Businesses Providing Adult Live
Entertainment,of Chapter 12,Adult Entertainment Standards,of Title V (Finance and Business
Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,
Washington",is hereby amended to read as follows:
A.The following standards of conduct must be adhered to at all times by
employees,entertainers,patrons and customers in adult entertainment
businesses providing adult live entertainment.
1.No employee or entertainer may appear nude in any part of the premises
open to view of patrons and/or customers,except in an adult live entertainment
performance area.No entertainer may perform anywhere on the premises
except in an adult live entertainment performance area.
2.No patron or customer shall go into or upon an adult live entertainment
performance area.
3.No employee or entertainer mingling with patrons or customers shall be
unclothed or in less than opaque and complete attire,costume or clothing so as
to expose to view any portion of the female breast below the top of the areola
or any portion of the pubic region,anus,buttocks,vulva or genitals;nor shall any
male employee or entertainer at any time appear with his genitals in a
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ORDINANCE NO.5475
discernibly turgid state,even if completely and opaquely covered,or wear or use
any device or covering which simulates the same.
4.No employee or entertainer mingling with patrons or customers shall
conduct any dance,performance or exhibition in or about the nonstage area of
the adult entertainment facility unless that dance,performance or exhibition is
performed at a torso-to-torso distance of no less than four (4)feet from the
patrons or customers for whom the dance,performance or exhibition is being
performed.
5.No patron,customer,employee or entertainer shall engage in sexual activity
on the premises of an adult entertainment facility.
6.No employee or entertainer shall use artificial devices or inanimate objects to
depict sexual activity.
7.No entertainer shall be visible from any public place outside the premises
during the entertainer's hours of employment or actual hours of employment.
..8.No entertainer shall use any name other than the name(s)stated in the
entertainer's application for his/her entertainer license.
9.No patron or customer shall give to any entertainer any gratuity or other
payment,except for a gratuity for a performance in an adult live entertainment
performance area.Any gratuity for such performance shall be placed in a
receptacle located at least six feet (6')away from the adult live entertainment
performance area.
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ORDINANCE NO.5475
10.No entertainer shall solicit,demand,accept,or receive any gratuity or other
payment from a patron or customer except for a gratuity for a performance in an
adult live entertainment performance area.Any gratuity for such performance
shall be placed in a receptacle located at least six feet (6')away from the adult
live entertainment performance area.
11.At least two (2)signs,in English,readable in block print from twenty feet
(20')away shall be conspicuously displayed in the public area of the adult
cabaret or adult theater stating the following:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF RENTON:
a.Entertainers and/or patrons are not permitted to engage in any type of
sexual activity on the premises;
b.Entertainers are not permitted to appear nude except in an adult live
entertainment performance area;
c.Entertainers are not permitted to perform except in an adult live
entertainment performance area;
d.Entertainers are prohibited from conducting any dance,performance or
exhibition outside of the performance stage area of the a~ult entertainment
establishment unless that dance,performance or exhibition is performed at a
distance of no less than four (4)feet from the patrons or customers for whom
the dance,performance or exhibition is performed;
e.Entertainers are not permitted to solicit,demand,accept,or receive any
gratuity or other payment from a patron except a gratuity for a performance in
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ORDINANCE NO.5475
an adult live entertainment performance area.Any gratuity for such
performance shall be placed in a receptacle located at least six feet away from
the adult live entertainment performance area;
f.Patrons shall not give to any entertainer any gratuity or other payment,
except for a gratuity for a performance in an adult live entertainment
performance area.Any gratuity for such performance shall be placed in a
receptacle located at least six feet away from the adult live entertainment
performance area;
g.Violations are subject to criminal prosecution.
12.No person may operate or maintain any kind of warning device or system for
the purpose of warning or aiding and abetting the warning of any employee,
patron,customer or any other person that the police,health,fire or building
inspectors or other public officials are approaching or have entered the
premises.
SECTION VIII.Subsection B of section 5-12-27,Denial,Suspension or Revocation
of License -Appeal,of Chapter 12,Adult Entertainment Standards,of Title V (Finance and
Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City
of Renton,Washington",is hereby amended to read as follows:
B.During the course of the appeal proceeding before the Hearing Examiner,the
burden of proof shall be upon the Director or his/her designee.
SECTION IX.Chapter 12,Adult Entertainment Standards,of Title V (Finance
and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the
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ORDINANCE NO.5475
City of Renton,Washington",is hereby amended to add a new section 5-12-31 Nuisance,to
read as specified below,and to renumber the existing sections 5-12-31, 5-12-32,5-12-33 and 5-
12-34.
5-12-31 NUISANCE
A.Public Nuisance.Any adult entertainment business operated,conducted,or
maintained in violation of this chapter or any law of the City or the state of
Washington shall be,and the same is,declared to be unlawful and a public
nuisance.The City 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
pursuant to the provisions contained in RMC 1-3-3 NUISANCES,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 any adult
entertainment business contrary to the provisions of this chapter and/or RMC 1-
3-3.
B.Moral Nuisance.Any adult entertainment business operated,conducted or
maintained contrary to the provisions of RCW 7.48A Moral Nuisance,shall be,
and the same is declared to be,unlawful and a public and moral nuisance and
the City 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 7.48A.
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SECTION X.
ORDINANCE NO.5475
This ordinance shall be effective upon its passage,approval,and
thirty (30)days after publication.
PASSED BY THE CITY COUNCIL this 20th day Of__---'J>L.l....]....l¥~-----',2009.
Bonnie I.Walton,City Clerk
APPROVED BYTHE MAYOR this 20th day of __J_u_l......y~-"2009.
/
Approved as to form:
~'-'.1"..~~.~--~~....~~
Lawrence J.Warren,City Attorney
Date of Publication:7/24/2009 (summary)
ORD.1563:6/17/09:scr
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Denis Law,Mayor