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.
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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.
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•
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
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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
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