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HomeMy WebLinkAbout1977-2081 OPERATION OF DANCE STUDIO BUSINESSES. ORDINANCE NO. c) ,903/ AN ORDINANCE relating to licenses and business regulations; ing terms; requiring licenses for and regulating the operation of dance studio businesses; requiring licenses Il r for dancers in dance studio businesses; specifying grounds and providing procedures for denying and revok- ing licenses; declaring certain conduct to be unlawful; and enacting Chapter 5.30, "Dance Studios", and the sections thereof as a new chapter and new sections of the City of Yakima Municipal Code. WHEREAS, the City Council finds that there is a current trend to mask the practice of prostitution and related activities under the guise of lawful business to the detriment of community morals, health, welfare and safety, and WHEREAS, the City Council recognizes the legitimate right of the public to free expression, nevertheless the City Council finds it necessary and appropriate to license and closely regulate dance studios as provided by Chapter 5.30 as enacted by this ordinance, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 5.30, "Dance Studios", is hereby enacted as a new chapter of the City of Yakima Municipal Code, which new chapter and the sections thereof shall read as follows: "Chapter 5.30 DANCE STUDIOS 5.30.010 Definitions. For the purpose of this chap- ter, the following words and phrases shall have the follow- ing meanings: 1. 'City Clerk' means the City Clerk for the City of Yakima; and 'City Manager' means the City- Manager for the City of Yakima. 011 2. 'Manager' means a person, other than a licensee as defined herein, who directly supervises and manages the activities of either employees or dan- cers, or both, of a dance studio. 3. 'Dancer' means any person who in return for a fee, charge or other consideration performs or purports to perform as entertainment for another person or persons a dance within an enclosed room or cubicle in a dance studio. 4. 'Dance studio' means any place of business which furnishes or purports to furnish dancing performed by a dancer within an enclosed cubicle or room 14 in return for a fee, charge or other consideration. 5. 'Dance area' means that area within a dance studio -ID where dancing is performed. 6. 'Licensee' is any person who owns, operates or con- ducts a dance studio, but expressly excludes any studio which functions as a part of and under the direct supervision of an institution, the curri- culum for which is approved by the Office of the State Superintendent of Public Instruction of the State of Washington. 7. 'Premises means the entire area utilized by a dance studio licensed under the provisions of this chapter. 8. 'Substantial connection means: a. In a sole proprietorship, an individual who owns, operates or conducts, directly or in- directly, the dance studio establishment; or b. In a partnership, an individual who shares in any potential profits of the dance studio establishment; or c. In a corporation, an individual who is an officer, director, or a holder (directly or beneficially) of more than ten percent of any class of stock; or d. An individual who furnishes more than ten percent of the capital financing of such dance studio establishment, whether in cash, goods or services. 9. 'Person' shall mean any natural person, partnership, corporation, or any combination thereof. 5.30.020 Dance studio--License application. • A. It shall be unlawful for a person to own, conduct or operate a dance studio unless such establishment is licensed as hereinafter provided. The fee for a dance studio license and renewal shall be $55000 per year. The license shall expire one year from the date of its issuance. B. No license or renewal of a license to conduct or operate a dance studio shall be issued or renewed except upon written application to the City Clerk, signed and sworn to by the person who will conduct or operate the dance studio for which application is made. Such applica- tion shall be made on forms furnished by the City Clerk and shall contain the following information: -2- 1. The business name, business address and telephone number of the dance studio for which the license is sought; 0 2. In relation to each natural person having a sub- . stantial connection with the dance studio for which a or renewal is sought: 0 a True name and any other name by which com- 0 monly known; b. Residence address and telephone number;, c. Date and place of birth; d. Length of residence in Yakima County; if less than one year, prior address outside Yakima County; e. Nature of relationship to the dance studio 0 for which a license or renewal is sought; f. Within ten years of date of application, whether each person has pleaded guilty to or forfeited bail, or has pending against that person, or been convicted of violating any law other than traffic offenses, of any jurisdiction; if so, full circumstances thereof, including, but not limited to, date, court and case disposition. 3. In relation to each corporation or partnership having a substantial connection with the dance studio for which a license or renewal is sought: a. Name of the corporation or partnership; b. Name of the registered agent and address of registered office; c. Primary office address, if different from above; d. Date and place of incorporation or organi- zation; • e. Date and place of filing of Articles; f. Nature of relationship to the dance studio for which license or renewal is sought; g. Names and residence addresses of all offi- cers, directors, limited or general part- ners, and holders (directly or beneficially) of more than ten percent of any class of stock. 4. Such other and further information as the City Clerk may deem necessary or desirable for the purpose of enforcing or otherwise administering the provisions of this chapter. -3- 5.30.030 Dance studio--License issuance. A. Upon the filing of any application for issuance or renewal of a dance studio license, the City Clerk shall refer the application to the Chief of the Yakima Police Department who shall cause an investigation to be made # the applicant or applicants, including the statements in the application form, and who shall furnish a written report 411 to the City Clerk of the results of such investigation, including a, recommendation as to whether a license dlould be issued. 0 The City Clerk shall also refer the application to the Chief Inspector of Code Administration for the City of Yakima who shall investigate the premises and report to the City Clerk concerning compliance with all applicable city codes for which the Chief Inspector is responsible for enforcement. If, from the reports mentioned in the preceding para- graphs and other information concerning the applicant or applicants, the premises and person having a substantial connection with such establishment or prgposed establish- ment, the City Manager deems the application to comply with all of the conditions required for licensing hereunder, the City Manager shall issue or renew or direct the City Clerk to issue or renew the license for which application was made. B. Each dance studio license shall be issued for a specific premises, the location of which shall be desig- nated by street address on the license document. Dance studio licenses shall not be transferable from one loca- tion to any other location, nor from one licensee to another to operate the dance studio at the same location. C. The City Manager shall not issue or renew nor direct the City Clerk to issue or renew any license under this chapter if the information received by the City Mana- ger indicates that: 1. Any knowingly false statement was made in the license application; 2. Any person having a substantial connection with such establishment or proposed establishment within ten years of the date of application has pleaded guilty to or has currently pending against that person, or forfeited bail, or been convicted of violation of any law of any jurisdiction for prostitution, pandering, pimping, lewd conduct, sexual misconduct or other crimes which in the judgment of the City Manager could influence the conducting, operating or managing of the business in a lawful manner; or 3. Any premises on which a dance studio is sought to be located fails to meet health, safety, fire, zoning or other valid standards established by regulations and ordinances governing health and safety; provided, however, denial under this sub- section shall be without prejudice to future appli- cation. -4- 5.30.040 Unlawful conduct. A. It shall be unlawful for the licensee or manager of a dance studio to: 1. Employ or otherwise allow any unlicensed person to act as a manager or dancer at a dance. studio; 2. Permit to remain in a dance studio any person under 18 years of age; 3. Conduct or operate a dance studio between the hours of 2:00 a.m. and 8:30 a.m. of the same day; 4. Conduct or operate a dance studio wherein all enclosed rooms or cubicles where dancing is per- formed are not equipped with windows or one-way mirrors sufficiently large to allow a viewer from outside the room or cubicle to see the entire area and contents of the room or cubicle; or to conduct or operate a dance studio where the view through any such window or one-way mirror is,in any way obscured, either permanently or temporarily; 5. Conduct or operate a dance studio unless a clearly readable sign is conspicuously posted at or near each public entrance to the studio, which sign is printed in letters at least one inch tall, and which reads substantially as follows: 'Yakima City Ordinance forbids nude , or "topless" dancing!'; 6. Conduct or operate a dance studio wherein there is not sufficient lighting to clearly observe all activities within dance areas; 7. Lock, bar entry or fit with lock devices any enclosed room or cubicle within the studio where dancing is performed, at any time the premises are open to the public; 8. Own, operate or conduct a dance studio without a manager in such establishment at all times such establishment is open to the public. B. It shall be unlawful for any person to be employed in a dance studio or offer to dance in a dance studio at a Jr time when it is unlicensed under this chapter. 5.30.050 Inspection. A. Any police officer of the Yakima Police Department may visit and inspect all portions of any dance studio which are open to the public or to which a person may gain entrance for a fee, charge or other consideration at any time when such establishment appears open for business for the purpose of ascertaining if such establishment is being operated in compliance with this chapter and Section 6.04.375 of the City of Yakima Municipal Code. -5- • B. It shall be unlawful for a person to hinder or obstruct in any way an officer in the performance of his or her duty under Subsection A of this section. 5.30.060 Manager--License issuance. 0 A. It shall be unlawful for any person to be employed as or act as a 'manager', as defined in Section 5.30.010 of this chapter, without a valid license. The fee for a license application shall be $27.50 per calendar year or portion thereof. Application for such license or renewal shall be made to the City Clerk. B. All applications for issuance or renewal of a manager's license shall be made to and filed with the City Clerk on forms furnished by the City Clerk for such pur- pose, and be accompanied both by a certified copy of appli- cant's birth certificate and a color photograph of the applicant approximately one inch square. Such photograph, if the license applied for is issued, shall be affixed thereto in a manner designed to discourage alteration or substitution of photographs. This application shall state the true name of the applicant and any other names the applicant may have used, together with such other information as the City Manager or City Clerk may deem necessary or desirable for the pur- pose of enforcing or otherwise administering this chapter. Applicants shall not be less than eighteen years of age. C. If the City Clerk finds that such application for license or renewal is in proper form, the City Clerk shall refer all applications with photographs to the Chief of the Yakima Police Department who shall cause an inves- tigation to be made of the applicant, including the state- ments in the application, and who shall furnish a report to the City Clerk of the results of such investigation, including a recommendation as to whether a license should be issued. D. The City Manager shall examine the reports and recommendations described herein, and if from the reports and other information concerning the background and character of the applicant, the City Manager deems that' the applicant has complied with all of the conditions required for licensing hereunder, the City Manager shall issue or renew or shall direct the City Clerk to issue or renew the license applied for to the applicant. E. Each manager license shall be issued to a specific 110 person named in the license document to manage a dance studio at a specific location designated by street address in the license document. Manager licenses shall not be transferable to any person or dance studio location other than as specified in the license document. F. The City Manager shall not issue or renew or direct the City Clerk to do so any license under this -6- section if the information received by the City Clerk indi- cates that: 1. Any knowingly false statement was made in the application; 2. The applicant, within ten years of the date of application, has pleaded guilty to, forfeited bail on, or has currently pending against appli- cant, or been convicted of violating any law, of any jurisdiction, for prostitution, pander- ing, pimping, lewd conduct, sexual misconduct or other crimes which in the judgment of the City Manager would influence the conducting, operating or managing the business in a lawful manner. 5.30.070 Dancer -- License issuance. A. It shall be unlawful for any person to be employed as or act as a 'dancer' as defined in Section 5.30.010 of this chapter unless that person is the holder of a valid dancer license issued pursuant to this chapter. The fee for a dancer license shall be $27.50 per calendar year, or portion thereof. Application for such license or renewal shall be made to the City Clerk. B. All applications and requirement for issuance of a dancer license shall be the same as for a manager license, as set forth in Section 5.30.060 of this chapter, except that any license issued under the provisions of this section shall be valid for employment in any dance studio licensed under this chapter. 5.30.080 Denial or revocation of license. A. Any application for issuance or renewal of any license pursuant to this chapter shall not be accepted by the City Clerk unless accompanied by the appropriate license fee. In the event an application for a license is refused, the amount tendered as the license fee shall not be returned to the applicant but shall be retained by the City to defray the cost of examination and investigation. B. Every license issued or renewal pursuant to this - chapter shall expire at midnight of the day a year from the date of issuance. C. In addition to other penalties provided herein or by other applicable law, the City Manager shall have the right to suspend or revoke any license issued pursuant to this chapter upon a showing that any establishment or person licensed hereunder has operated in violation of the provisions of this chapter or has permitted or engaged in unlawful conduct on the premises or for any other cause which shall be deemed sufficient by the City Manager. No license under this chapter shall be revoked unless the City Manager has first notified the parties in writing of a date not . less than five days subsequent to the date of service of the notice, at which time the parties so notified may appear, in person and be represented by counsel, before -7- ' • the City Manager and show cause why the license should not be suspended or revoked. 5.30.090 AD.eal of license sus.ension or revocation. A. The Yakima City Council shall have jurisdiction 411 to hear appeals from the following orders of the City Mana- ger: 1. Denial of a license or licenses for which appli- cation is made pursuant to this chapter; 2. Suspensions or revocations of licenses issued pursuant to this chapter. B. The aggrieved party shall have the right to appeal the City Manager's order of denial, suspension or revoca- tion by giving a written notice to the City Manager within seven days after the entry of the order from which the appeal is taken. The notice shall specify every ground relied on by the appealing party as reasons for reversal by the City Council of the order of the City Manager from which the appeal is taken. The notice of appeal shall specify an address at which the appellant may be given notice of hearing on the appeal. C. After the timely filing of such an appeal, the Yakima City Council shall set a time and place, not more than thirty days from the date of receipt of such notice of appeal, for a hearing thereon. At the hearing the appellant shall be entitled to appear in person, be repre- sented by counsel, and offer evidence in support of the grounds relied on by appellant to reverse the order of the City Manager. D. Within ten days from the date of the hearing before the City Council, the council shall either affirm or reverse the order of the City Manager from which the appeal was taken; and a written notice of the decision of the council shall forthwith be served on the appellant or mailed to the address specified by appellant for giving the notice of appeal under subsection B of this section. The decision so made by the Council shall be final. 5.30.100 Severability. Should any section, paragraph, sentence, clause or phrase of this chapter or its applica- tion to any person or circumstance be declared unconstitu- tional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances." Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. -8- PASSED BY THE CITY COUNCIL, signed and approved this Ab day of ■, 1977. n' L. EDMONDSON. • J .. Mayor .. ATTEST • /s/ IRIS LITZENIBERGER City Clerk • L . -9-