HomeMy WebLinkAboutORD 4159 � Amended by ORD 4594, 4638
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4159
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
CHAPTER 1, "BUSINESS LICENSES" OF TITLE V (BUSINESS
REGULATIONS) AND ADDING A CHAPTER TO TITLE V REGARDING THE
ESTABLISHMENT OF REGULATORY STANDARDS AND LICENSES FOR
BUSINESSES, MANAGERS, AND EMPLOYEES THAT PROVIDE ADULT
ENTERTAINMENT IN THE CITY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. Chapter 1, "Business Licenses" of Title V (Business
Regulations) is hereby amended by addinq the following subs�ction to
Code Section 5-104.
(F) ADULT ENTERTAINMENT.
l. DEFINITIONS.
(a) . "Public nlace 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, tha affairs
and/or the conduct of any portion of any activity involving adult
entertainment occurring at any place offering adult entertainment.
(c) . "Entertainer" means any person who �rovides adult
entertainment within a public place of amusement as defined in this
1
ORDINANCE N0. 4159
section whether or not a fee is charged or accepted f_or such
entertainment.
(d) . "Entertainment" means any exhibition or dance of any type,
pantomine, modeling, or any other nerformance.
(e) . "A�ult entertainment, " means any exhibition or dance of
any type conducted in premises where such exhibition or dance
involves a person that is unclothe� or in such attire, costume, or
clothing as to expose to view any portion of the �reast 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 ser�ices directly related to th� operation of a public
place of amusernent, which offers, conducts, or maintains adult
entertainment.
(g) . "Operator" means any person operating, con�ucting, or
maintaining an adult entertainment business.
2. LICENSE FOR BUSINESS REQUIRED - FEE.
(a) . No public place of amusement, including but not limite� to
places which offer a�ult entertainment, shall be op2rated or
maintained in the City of Renton unless the owner or lessee thereof
has obtained a license from the City Clerk ; provided, however , that
it is unlawful for �ny entert�iner , employee, ar operator to
knowingly work in or about, or to knowingly perform any service
directly related to the operation of an unlicensed �ublic place of
amusement/entertainment.
(b) . The annual fee for such a license shall be $500. 00.
2
ORDINANCE N0. 4159
( 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 ol�er .
3. LICENSE FROM MANAGERS AND ENTERTAINERS REQUIRED - FEE.
(a) . No person shall work as � 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 5-104 ( F) . 6 of this chapter .
( b) . The annual fee for such a lic�nse shal_l be 5150. 00.
( c) . This license expires annually on December 31 and �ust be
renewed by January l.
(d) . There will be no prorating of the fe�.
(e) . The applicant must be 18 years of age or older .
4. DUE DATE FOR LICENSE FEFS. All licenses require� by
Section 5-104 (F) . 2 must be issue� and the applicable fePs are �ue
and payable to the City Clerk at least fourteen (14 ) calendar days
before the opening of the adult entertainment business.
5. 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;
3
ORDINANCE NO. 4159
( b) . For a license, requiring a fee of more than seventy-five
doll�rs, ten percent of the required fee.
6. LICENSF APPLICATIONS.
(a) . Public Adult/Entertainment License. All applications for
a public amusement/entertainment license for places which offer
adult �ntertainment 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 t�lephone number , date
and place of birth, �river ' s license number , if any, and social
security number of the applicant if the applicant is an individual.
( 2 ) . The business name, address and telephone number of
the establishment.
( 3 ) . The names, addresses, telephone numbers, and social
security numbers of any partners, 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 tne business,
specifying the interest or management responsibility of each. For
the purpose of this subsection, "substantial interest" shall mean
owners�ip 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.
4
ORDINANCE N0. 4159
( 5) . A�dresses of the applicant for the five (5 ) years
immediately prior to the date of applic�tion.
(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 a�other 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 a11 criminal convictions or forfeitures other
than parking offenses or minor traffic violations including dates of
conviction, nature of the crime, name an� location of court and
disposition for each owner, partner, or corporation.
( $ ) . 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 employzes
to seek information to confirm any statements set forth in the
application.
( 1Q ) . Supplemental identification and/or information
necessary to confirm matters set forth in the ap�lication.
(b) . Manager �r Entertainer License. � s�parate 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. �11 applic�tions sha11 be
submitted on a form supplied by the City Clerk, which shall require
the following information:
5
ORDINANCE N0. 4159
(1 ) . The applicant' s name, home address, home telephone
number , date and place of birth, fingerprints taken by the Renton
Police Department employees, social security number, and any stage
names or nicknames used in entertaining.
(2 ) . The name and �ddress of each business at which the
applicant intends to work.
( 3 ) . The applicant shall present �ocumentation that he or
she has attained the age of eighteen (18 ) years. Any of the
following shall be accepte� as documentation of age:
( i) a motor vehicle operator' s license issued by any
�tate 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.
6
ORDINANCE N0. 4159
(8 ) . Supplemental information and/or identification deeme�
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
offering adult entertainment, a substantial interest in the licensed
premises, immediate notice of such acquisition shall be provided in
writing to the City Clerk, an� 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 for ori3inal license applications.
(d) . Copies of �n 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 th2 City
C1erk that such prernises 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
recor�s check and verification of the information provided by the
apnlicant on the application for a license.
(e) . Upon completion of the investigation and review by the
departments, a review of the recommendations and verifications, and
7
ORDINANCE NO. 4159
a deter�ination that all matters contained in the application are
true and correct and that this chapter has been co�plied with, the
City Clerk shall issue such license applied for in accordance with
the provisions with this chapter ; provided, however, t�at the
applicable license fee, together with any delinquent fees that may
then be due shall first be �aid to the City.
7. M�NAGER ON PRE�ISES. A licensed manager shall be on the
premises of a public place of amusement at all times that adult
entertainment is being provided.
$. LICENSE NONTRANSFERABLE. No license or permit shall be
transferable.
9. LICENSE - POSTING AND DISPLAY.
(a) . Every adult entertainer shall post his or her Qermit in
his or her work area so that it is readily available for public
inspection.
( b) . Every person, corporation, partnership, or association
licensed under this Chapter shall display such license in a
prominent place. The name of the manager on duty shall be
prominently posted �uring business hours.
10. LICENSE - NAME O� BUSINESS AND PL�CE OF BUSINES�. No
person granted a li�ense 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 �esignation or
location not specified in his/her license.
11. LICENSE REVOCATION - NOTICE AND APPEAL. Any license
issued for an adult entertainment business may be revoked or
suspended by the Finance Director after notice of not less than ten
$
ORDINANCE NO. 4159
( 10) calendar days, and a subsequent hearing for good cause, or in
any case where any of the provisions of this Cha�ter are violated,
or where any employee of the licensee is engage� in any conduct
which violates any state or local laws or ordinances at lic�nsee' s
place of business an� of which the licensee has actual or
constructive knowledge. Such permit may also be revoked or
suspended by the Finance Director after notice and hearing, u�on the
recommendations of the County Health Department that such business
is being managed, conducted, or maintained without regard to proper
sanitation and hygiene.
12. 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 app.lication for a �ermit, or has committed an
act in violation of this Chapter.
13. 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 incap�city 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 rnay 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 lic�nse,
if such new licensee fulfills all requirements of this Chapter .
SECTION II. There is hereby added a chapter to Title V
(Business Regulations) as follows :
9
ORDINANCE N0. 4159
C�APTER 37. STANDARDS OF CONDUC� AND OPERATION FOR ADULT
ENTERTAI�MENT STANDARDS FOR EMPLOYEES.
5-3701. The following standards of conduct must be adhered to
by employees, as defined in Code Section 5-10� (F) l. ( f) , of any
public place of amusement which offers, conducts, or maintains adult
entertainment:
(A) . No employee or entertainer shall be unclothed or in
such less than opaque and complete �ttire, 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 nrovided for in Subdivision ( F) of this
subsection and 5ection 5-3703 (C) of this chapter .
(B) . No employee or entertainer mingling with the patrons
shall be unclothed or in such attire, costume or clothing as
described in Subdivision (A) of this subsection.
(C) . 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.
(�) . 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, except as provided in Subdivision (F)
of this subsection and Section 5-37Q3 (C) of this chapter .
(E) . No employee or entertainer shall perform acts of or
acts which simulate:
10
ORDINANCE NO. 4159
l. Sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, or any sexual acts which
are permitted by law;
2. The touching, caressing, or fondling of tHe
breasts, buttocks, or genitals; o_r
3. The �isplaying of the pubic region, anus, vulva,
or genitals; except as provided for in Subdivision ( F) of this
subsection, and Section 5-3703 (C) of this chapter.
( F) . 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 nortion 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 i�mediate floor level an� removed at least
six feet from the nearest patron.
(G) . No employee or entertainer shall use artificial
devices or inanimate objects to depict any of the prohibited
activities described in this subsection. �o employee or entert�iner
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 ( F) of this subsection, and
Section 5-3703 (C) of this chapter .
(�) . �o entertainer of any place offering adult
entertainment shall be visible from any public place during the
hours of his or her employment, or �pparent hours of his or her
employment, on the premises.
11
ORDINA�CE N0. 4159
(I ) . 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.
(J) . A sign shall be conspicuously displayed in the common
area of the premises, an� shall read as follows:
THIS ADULT ENTERTAINMENT FSTA3LISHMENT IS REGULATED BY THE CITY
OF RENTON; ENTERTAINERS ARE:
l. Not permitted to engage in any type of sexual
conduct;
2. Not permitted to be unclothed or in such less
than opaque a�d 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, an�/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
3. Not permitted to deman� or collect all or any
portion of a fee from a patron for entertainment before its
completion.
5-3702. STANDARDB FOR 04VNER OR OPERATOR. At any public
place of amusement which offers, conducts, or maintains adult
entertainment as those terms are defined in Code Section 5-104(F) . 1,
the following are required:
A. Admission must b� restricted to persons of the age of
eighteen years or more; and
B. Neither the performance nor any photograph, drawing,
sketch, or other pictorial or graphic representation thereof
12
uRDINANCE N0. 4159
displaying any portion of the breasts below the top of the ar2ola or
any portion of the pubic hair , buttocks, genitals and/or anus may be
visible outside of the public place of �musement so licensed.
C. 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.
5-3703. EXCEPTIONS. This chapter shall not be construed to
nrohibit:
(A) . Plays, operas, musicals, or other dramatic works
which are not obscene;
(B) . Classes, seminars, and lectures hel� for serious
scientific or educational purposes; or
(C) . Exhibitions or dances which are not obscene.
5-3704. OBSCENITY. For purposes of this chapter , an activity
is "obscene" if:
(A) . Taken as a whole by an average person applying
contemporary community standards the activity appeals to a prurient
interest in sex;
(I3) . The activity depicts patently off�nsive
representations according to contemporary community standards of:
1. ultimate s�xual acts, normal or perverted,
actual or simulated; or
2. masturbation, fellatio, cunnilingus, bestiality,
excretory functions, or lewd exhibition of the genitals or genital
area; or violent or destructive sexual acts, inclu�ing but not
limited to human or animal mutilation, dismemberment, rape, or
torture; �nd
13
ORDINANCE N0. 4159
(C) . The activity taken as a whole lacks serious literary,
artistic, political, or scientific value.
5-3705. DEFINITION OF DRAMATIC. 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 ar the contemporary theater .
5-3706. EXE�PTION FOR LIQUOR LICENSES. This chapter does not
apply to taverns and premises maintaining liquor licenses.
5-3707. BUSINESS HOURS. No public entertainment shall be
conducted between the hours of two-thirty a.m. and ten a.m.
5-3708. 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 GVashington shall be,
and the same is, declared to be unlawful �nd a public nuisance �nd
the City Attorney may, in addition to or in lieu of prosecuting �
crimininal 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.
5-3709. VIOL�TION - 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
14
ORDINANCE N0. 4159
acting as a participant or work�r in any way directly or in�irectly
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 �ollars, or by imprisonment for a
period not to exceed twelve months, or by both such fine and
imprisonment.
5-3710. ADDITIONAL ENFORCEMENT. Notwithstanding the existence
or use of any other remedy, the City may seek leg�l 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.
SECTION III. SEVERABILITY. If any section, sentence, clause,
or phrase of this ordinance should be held invalid or
unconstitutional, the validity or constitutionality thereof sha11
not affect the validity or constitutionality of any other section,
sentence, clause, or phrase of this chapter .
SECTION IV. FACTUAL BASIS. This ordinance is based upon the
findings of f�ct contained in Resolution 272p .
SECTION V. This Ordinance shall be effective upon its
passage, �pproval, and thirty days after publication.
15
ORDINANCE NO. 4159
PASSED BY THE CITY COUNCIL this 6th day of
June , 1988.
��?���
�Maxine E. Motor, City Clerk
APPROVED BY �'HE MAYOR this 6th day of June
1988.
�.\ �
���� �� . r.
�.!��,n,��,•,
Earl Clymer,l,Mayo�
.
Approved as to form:
� ,
����-,�-:� 1�f`�.,..,�
Lawrence J. Warren, City Attorney
Date of Publication: June 10 , 1988
ORD. 42: 5-19-88:as.
16