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HomeMy WebLinkAbout1977-2080 DEFINING & REGULATING “PANORAMS” & “PEEP SHOWS”. ORDINANCE NO. OO8'b AN ORDINANCE relating to licenses and business regulations; defin- ing "panorams" and "peep shows "; requiring panoram location licenses, panoram operator's licenses and . panoram device licenses; regulating panoram businesses OD and premises; enacting Chapter 5.11, "Panoram Licenses ", and various sections thereof as a new chapter and new sections of the City of Yakima Municipal Code; enacting Section 5.10.012 as a new section, and repealing:Sec- tion 5.10.030, of the City of. Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 5.11, "Panoram Licenses ", and the various sections thereof, are hereby enacted as a new chapter and new sec- tions of the City of Yakima Municipal Code to read as follows: "Chapter 5.11 PANORAM LICENSES 5.11.010 Definitions. As used in this chapter, the following words and phrases shall have the following mean- ings ascribed to them: • 1. 'Peep show' and 'panoram', shall mean any mechani- cal device which upon insertion of a coin or by other means, exhibits or displays a picture or view on film. 2. 'City. Clerk' shall mean the City Clerk of the City of Yakima. 3. `Person' shall mean any natural person, partner- ship, corporation or any combination thereof. 5,11.020 Panoram location license required. It shall be unlawful for any Person who owns or occupies any premises for business purposes to display, exhibit, expose or maintain upon those premises any peep show or panoram without having obtained a license to do so according to the provisions of this chapter, which license shall be designated a 'panoram location license'. 5.11.030 Panoram location license-- Nontransferability= Fee. Each panoram location license shall be issued to a par - ticular person named therein and shall be issued for a parti- cular location to be stated in the license. The panoram location license fee shall be $27,50 per year and all such licenses shall expire one year from the date of their issuance by the City Clerk. No such license shall be transferable to any person other than that named in the license, nor shall the license be transferable for use at any location other than the location stated in the license. A panoram location license issued under the provisions of this sec- tion shall be prominently displayed on the premises for which it is issued. 5.11.040 Panoram operator's license. Ilk A. It shall be unlawful for any person, for business purposes, to own, exhibit or display for use, or to place by lease or otherwise for the use, exhibit or display by another person, for business purposes, any panoram or peep show without a license which shall be designated a 'panoram operator's license'. B. The fee for the panoram operator's license shall be $27.50 per year. Panoram operator's licenses shall expire one year from the date of issuance by the City Clerk and such licenses shall be nontransferable. 5.11.050 Panoram device license. A. It shall be unlawful for any person who owns or occupies any premises for business purposes to exhibit or display for use on those premises any peep show or panoram without having obtained a license for each such panoram or peep show device, which license shall be desig- nated a 'panoram device license'. B. The fee for each panoram device license shall be $27.50 per year. Panoram device licenses shall expire one year from the date of issuance by the City Clerk. Each panoram device license shall be issued to the appli- cant named in the license application, and shall be issued for a specific location and for a specific device identi- fied on the application and license. Each panoram device shall have securely affixed to it, in a conspicuous place, a tag or label identifying the panoram device to be currently licensed, which tag or label shall be furnished by the City 2:Iny or for panoram device identification tag or label conspicuously attached to it. Panoram device licenses shall not trans- ferable to any license holder, location or device other than as specified in the license. 6.11.060 Panoram premises regulations. A. It shall be unlawful for any person to occupy any premises required by this chapter to be licensed by a panoram location license, unless the interior of the premises is arranged in such a manner so that the area 0 from which panoram pictures or film is to be viewed, and from the waist down, any person viewing such panoram pic- tures or film, is visible from the entrance of such pre mises. B. It shall be unlawful for the owner, operator or person in charge of a panoram or peep show business premises to lock or permit to be locked any doors to public areas of such premises during business hours. -2- • C. For the purpose of determining compliance with this chapter and with Section 6.04.375 of the City of Yakima Municipal Code, any room or area within any peep show or panoram business premises shall be readily accessible for inspection by any law enforcement officer during all S times when the public is permitted to enter and remain upon the premises. It shall be unlawful for any person to hin- der or obstruct a law enforcement officer engaged in per- forming an inspection under this subsection. D. A person who owns, operates or who is otherwise in charge of a panoram or peep show business premises shall maintainillumination generally distributed in all parts of the premises, of such an intensity to permit a person of average eyesight to clearly see therein, at all times when the public is permitted to enter and remain upon such premises. It shall be unlawful for any person to own, operate or otherwise be in charge of such premises without complying with the requirements of this subsec- tion. 5.11.070 Use by minors prohibited. It is unlawful for anyone under the age of 18 years to use a panoram or peep show operated for business purposes so as to be required to be licensed under this chapter, and it is unlawful for any operator or owner of such device or for any manager or other person in charge of the premises where such device is kept, maintained or operated for business purposes to permit or allow anyone under 18 years of age to use such device. 5.11.080 Premises prohibited within 300 feet of a school. The City Clerk shall not issue a panoram location license for, nor shall any panoram or peep show be used • or operated in, any premises within 300 feet of the grounds or building of any school. 5.11.090 Separate violations. Each day of a viola- tion of any provision of this chapter shall constitute a separate offense. • 5.11.100 Severability. If any clause, part or sec- tion of this chapter shall be adjudged invalid or uncon- stitutional, such judgment shall not affect or invalidate • the remainder of •this chapter nor the application of any such clause, part or section to any other person, but shall be confined in its operation to the clause, part or section directly involved in the controversy in which such judgment was rendered." 411 Section 2. Section 5.10.012 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: "5.10.012 Peep show and panoram premises exclusion. No license shall be required by the provisions of this • chapter for the operation of any business premises for which a panoram location license is obtained pursuant to -3- Section 5.11.020 of this code; provided, the exclusion of this section shall apply only to a business or premises at which the only amusement devices consist of panoram or peep show devices, and if a place of business or premises includes the use of panoram or peep show devices along with other amusement devices which would otherwise be subject to the provisions of this chapter, then the exclusion of this section shall not apply to such business or premises." Section 3. Section 5. 10.030 of the City of Yakima Municipal Code is hereby repealed. Section 4. 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. PASSED BY THE CITY COUNCIL, signed and approved this day of , 1977. •�";llr, er , rte Mayor ATTEST: City Clerk -4-