HomeMy WebLinkAbout1994-024 License and Business regulations ORDINANCE NO. 94 24
AN ORDINANCE relating to licenses and business regulations, defining and
regulating adult entertainment establishments, requiring
licenses for operators, managers, and entertainers, prohibiting
certain conduct within adult entertainment establishments,
establishing penalties for violations thereof; making the code
administration manager responsible for administration of this
chapter; adding new Sections 5 30 005 and 5.30 095 and amending
Sections 5 30 010, 5 30 020, 5.30 030, 5.30 040, 5 30 060, 5.30 070,
5 30 080, and 5.30 090 all of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 5 30 005 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows:
"5 30 005 Intent.
This chapter is intended to protect the general public health,
safety , and % elfare of the citizenry of the city through the regulation of
the operations of adult entertainment establishments. The regulations
set forth in this chapter are intended to prevent health and safety
problems in and around entertainment establishments and to prevent
dangerous and unlawful conduct in and around adult entertainment
establishments."
Section 2 Section 5 30 010 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"5 30 010 Definitions
For the purpose of this chapter, the following words and phrases
shall have the following meanings.
1 'City clerk Lode administration manage"' means the e y
clerk code administration manager for the city of Yakima or his /her
designee. ; and 'city mana: - ' : - - • -- - - :Cr for the city of
Yakima.
2. 'Dance area' m ans that area within a dance studio whcrc
dancing is performed. 'Adult entertainment establishment' means any
premises to Which the adult public. patrons or members are invited or
admitted and wherein any employee or other person provides. exhibits .
or performs adult entertainment to or for a member of the adult public,
a patron or a member.
3.
or other consideration performs or purports to perform as
entertainment for another person or persons a dance within an
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- _ _ _ •• - • - - - - • :. 'Entertainer' means ant
•
person who performs or provides adult entertainment on the premises .
of an adult entertainment establishment. whether or not a fee is
charged or accepted for adult entertainment.
4. 'e - - - • -' - - - - - . • - - - • -
furnishes or purports Pe furnish dancing performed by a dancer within
an enclosed cubicle or reom i-* return for a- fcc, charge or other
consideration. 'Employee' means any and all persons. including
managers. entertainers. and independent contractors. who work in or at
or render any services directly related to. the operation of an adult
entertainment premises.
5 'Licensee Operator' is any person who owns, operates,
maintains. or conducts - - .- - - = • :, - - - = -
- - - _- - - - _ _ -: - -
adult entertainment establishment.
6. 'Manager' means any person, other than •a An_ licensee
operator, as defined in subsection 5 of this section, who directly
supervises, eAl-el manages, directs. administers. or is in charge of +e
. • - - - • -- -- - - -- - - - -- - , - =- , - . _ .- - -- any
Portion of an activity involving adult entertainment occurring at any .
place offering adult entertainment.
7 'Person' means any natural person, partnership,
corporation, or any combination thereof
• _ _ 8. _ _, - - : • - _ - • : - . 'Adult entertainment'.
means an exhibition or dance of anv type. pantomime. modeling. or
an other performance. conducted in premises where such exhibition
or dance in‘ olves the exposure to view of anv portion of the breast
below the top of the areola or anv portion of the pubic hair. anus,
buttock. vulva and /or genitals.
9 'Substantial connection' means:
a. In a sole proprietorship, an individual who owns, operates
or conducts, directly or indirectly, the Adult entertainment .
establishment; or
b In a partnership, an individual who shares in any
potential profits of the daaee-ratudie adult entertainment 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
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•
d. An individual + ho furnishes more than ten percent of the
capital financing of such dance studio adult entertainment
establishment, whether in cash, goods or services.
Section 3 Section 5 30 020 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"5 30 020 License -- Application.
A. It is unlawful for a person to own, conduct or operate a
dance st die an adult entertainment establishment unless such
establishment is licensed as provided in this chapter The fee for a
dance studio an adult entertainment establishment license and renewal
shall be - - - • • - - - - ' - • - - - - four hundred twenty
fi e dollars 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 an adult entertainment establishment shall be issued or
renewed except upon written application to the city clerk code
administration manager, signed and sworn to by the person who will
conduct or operate the dance studio adult entertainment establishment
for which application is made Such application shall be made on forms
. furnished b) the city clerk code administration manager and shall
contain the following information.
1 The business name, business address and telephone
number of the dance studio adult entertainment establishment for
� hich the license is sought;
2. In relation to each natural person having a substantial
connection with the dancc adult entertainment establishment for
\\ hich a license or renewal is sought:
a. True name and any other name by which commonly
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 dancc studio adult
entertainment establishment 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
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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 Adult entertainment
establishment 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,.
e. Date and place of filing of articles,
f Nature of relationship to the dance studio adult .
entertainment establishment, for which license or renewal is sought,
g Names and residence addresses of all officers, directors,
limited or general partners, 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 code
administration manager may deem necessary or desirable for the
purpose of enforcing or otherwise administering the provisions of this
chapter "
Section 4 Section 5 30 030 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"5 30 030 License -- Issuance.
A. Upon the filing of any application for issuance or renewal
of a dance studio an adult entertainment establishment license, the eity
clerk code administration manager shall refer the application to the
chief of the Yakima police department who shall cause an investigation
to be made of the applicant or applicants, including the statements in
the application form, and who shall furnish a written report to the -ei+y
clerk code administration manager of the results of such investigation,
including a recommendation as to whether a license should be issued.
The city clerk shall also refer thc application to thc chicf
•- = = - -- -- - - . . - - . - -. ' -. code
administration manager shall investigate the premises and report to-the
city clerk concerning compliance with all applicable city codes for
which the chicf inspector code administration manager is responsible
for enforcement.
If, from the reports mentioned in the preceding paragraphs and
other information concerning the applicant or applicants, the premises
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• and person having a substantial connection with such establishment or
proposed establishment, the city manager code administration manager
deems the application to comply with all of the conditions required for
licensing hereunder, the city manager code administration manager
shall issue or renew or dircct the city clerk to issue or rent` the license
for which application was made.
B Each dance studio Adult entertainment establishment
license sh.. be issued for a specific premises, the location of which
shall be designated by street address on the license document. ee
studio Adult entertainment establishment licenses shall not be
transferable from one location to any other location, nor from one
licensee to another to operate the dance studio adult entertainment
establishment at the same location.
G The city manager code administration 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 manager
code administration manager 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
persr,7, or forfei d bail, or beer convicted o a violation of any law of
any jurisdictio- 'or prostitution, pander pimping, lewd conduct;
sexual miscond.. t, indecent exposure. rape ;,: the first. second or third
degree. indecent liberties. rape of a child in tht first. second or third
degree, child molestation in the first. second or third degree. sex- .
misconduct with a minor in the f; -st or second degree. any violation of
this chapter. or other substar. ;illy similar crimes which in the
, or
Any premises on which a dance studio an adult
entertainment establishment is sought to be located fails to meet health,
safety, fire, zoning or other valid standards established by regulations
and ordinances go.: ng health and safety; provided, however, denial
under this suh Abe without prejudice to future application."
Section 5 Section 5 ; 040 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"5 30 040 Unlawful conduct.
A. It is unlawful for the licensee or manager of
an adc.t entertainment establishment to:
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1 Employ or otherwise allow any unlicensed person to act as
a manager or dam entertainer at a dance studio an adult
entertainment establishment;
2. Permit to remain in a dance studio an adult entertainment
establishment any person under eighteen years of age;
3 Conduct or operate a dance studio an adult entertainment
establishment between the hours of two a.m. and eight - thirty a.m. of the
same day;
4. Conduct or operate - - . - - - - • - - - - - - - - =
room or cubicle; or to conduct or operate a dance studio where the view
either permanently or temporarily; An adult entertainment
establishment „ hick is not physically arranged in such a manner that:.
a. The stage on „hich adult entertainment is provided shall
be visible from the common areas of the premises. Visibility shall not
be blocked or obscured b\ doors. curtains. drapes or any other
obstruction "hatsoe' er. temporary or permanent.
b. No adult entertainment occurring on the premises shall be
visible at an\ time from an public place; •
5 Conduct or operate a dance studio an adult entertainment
establishment 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 u hich reads substantially as follows:
' ..- . ' e_ .- - _ _ = - r. - = ' -_ - ' z..- -: "THIS
ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF
YAKIMA',
6. Conduct or operate a dance studio an adult entertainment
establishment wherein there is not sufficient lighting to clearly
- - - . • - • - -. - - in and about all parts of the,
premises N,hich are open to and used by the public so that all objects are .
plainly visible at all times;
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 an adult
entertainment establishment without a licensed manager in such
establishment at all times such establishment is open to the public.
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• 9. Allow any person. 'other than an employee. in art,. area
other than a public restroom of an adult entertainment establishment,
including an*' booths. cubicles. rooms or stalls. which is not completely
visible from all common areas of the premises,
10. Post and conspicuously display in the common areas of
each place offering adult entertainment a list of any and all
entertainment provided on the premises. Such list shall further
indicate the specific fe- or charge in dollar amounts for each
entertainment listed.
11. Allow any performance or any photograph. drawing,
sketch or other pictorial or graphic representation thereof displaying
an portion of the breasts below the top of the areola or any portion of
the pubic hair. vulva. buttocks. genitals or anus to be visible outside of
the licensed premises.
ii. It is unlawful for the licensee or manager to permit. allow,
or commit. or for an other person to commit, an of the following:
1. No employee or entertainer shall be unclothed or in such
attire. costume or clothing so as to expose to view any portion of the
breast below the top of the areola or am portion of the pubic hair. anus,
buttocks. vulva or genitals except as provided for in subdivision 7 of this.
subsection
No employee or entertainer mingling with the patrons,
shall be unclothed or in such attire. costume or clothing as described in
subdivision 1 above.
3. No employee or entertainer shall encourage or knowingLv
permit any person upon the premises to touch. caress or fondle the
breasts. buttocks, anus or genitals of that employee or entertainer or of
an other person.
4. No employee or entertainer shall touch. fondle or caress .
an. patron. or other employee or entertainer for the purpose of
arousing or exciting the sexual desires of such patron. other employee,
or entertainer. or of any other person. sit on a patrons lap or separate a
patron's legs.
5. No employee or entertainer shall wear or use any device or
co\ ering exposed to view which simulates the breast below the top of
the areola. vulva or genitals. anus. buttocks. or any portion of the pubic
hair.
6. No employee, entertainer other person shall perform
actual acts of. or acts which simulate:
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Sexual intercourse. masturbation. sodonv. bestiality. oral
copulation. flagellation. or an_� sexual acts which are prohibited b)
b. The touching., caressing or fondling of the breasts.
buttocks or genitals. or
c. The displaying of the_pubic hair. anus. vulva or genitals,
except q,s provided for in subdivision 7 of this subsection.,
7. A licensed entertainer. onLv. may be unclothed or in such
attire. costume or clothing, so as to expose to view an portion of the
breasts below the top of the . eola. or any portion of the pubic hair,
vulva. genitals. anus or buttocks. but only when upon a stage at least
eighteen inches above the immediate floor level and removed by at least
six feet from the nearest patron.
8. No employee or entertainer shall use artificial devices or
inanimate objects to depict an of the prohibited activities described in
this section.
9. The owner, operator or manager shall immediately remove
from the licensed premises any person who exposes to public view anv,
portion of the breast below the top of the areola. or any portion of the
pubic hair. anus. buttocks. vulh a or genitals except as expressly
provided for in subdivision 7 of this subsection.
10. place entertainer at a lace offering adult entertainment
shall demand or collect all or an portion of a fee from a patron for
entertainment before its completion.
11. No entertainer shall be visible from anv public place
during the hours of his or her employment. or apparent hours of such
employment. on the premises.
G Exterior signs and any interior sign or notice visible to the
public ma) announce the name of the business and the nature of the
business by the term 'adult entertainment.' 'adult theater' or 'adult use
establishment' but shall not contain any representation of the human
bodh orjnake any statement pertaining to the human body. whether of
entertainers. patrons or the public.
D. It is unlawful for any person to be employed in a dance
studio an adult entertainment establishment or offer to dance in a dance
die an adult entertainment establishment at a time when it is
unlicensed under this chapter
E. This ordinance shall not be construed to prohibit:
1. Plays. operas. musicals. dances or other dramatic works
NN hich are not obscene: or
•
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111 2. Classes. seminars. and lectures held for serious scientific
or educational purposes.
3. Exhibitions or dances which are not obscene.,
F. For purposes of subsection D. above. an activity is 'obscene',
if:
1. Taken as a v, hole by an average person applying
contemporar} community standards the activity appeals to a prurient
interest in sex,
2. The activity depicts patently offensive representations of:
ultimate sexual acts. normal or perverted. actual or simulated. or
masturbation. fellatio. cunnilingus. beastiality. excretory functions. or
Je'■d exhibition of the genitals or genital area. or violent or destructive,
sexual acts. including but not limited to human or animal. mutilation,
dismemberment. rape or torture: and
3. The activity taken as a whole lacks serious literary,
artistic. political. or scientific value.
G. For purposes of subsection C of this section. an activity is
'dramatic' if the activity is of. relating to. devoted to. or concerned .
specificalL or professionally with current drama or the contemporart
theater.
H. This ordinance shall not be deemed to permit any activity,
in ta\ erns, bars. cocktail lounges. or any premises maintaining liquor
Jicenses. not permitted b‘ the State Liquor Control Board. This,
ordinance shall not be deemed to permit an* activity contrary to YMC
6.10.020: prohibiting nudity and semi -nudi von licensed premises."
Section 6 Section 5 30 060 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"5 30 060 Manager -- License issuance.
A. It is unlawful for any person to be employed as or act as a
manager, as defined in Section 5 30 010, without a valid license. The fee
for a license application shall be - - - - - - - - - -
thirt\ dollars per calendar year or portion thereof Application for
such license or renewal shall be made to the city clerk code
administration manager.
B All applications for issuance or renewal of a manager's
license shall be made to and filed with the city clerk code administration
manager on forms furnished by the city clerk code administration
• manager for such purpose, and be accompanied both by a certified copy
of applicant's birth certificate and a color photograph of the applicant
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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
an other names the applicant may have used, together with such other
information as the • _ - - • - code administration
manager may deem necessary or desirable for the purpose of enforcing
or otherwise administering this chapter Applicants shall not be less
than eighteen years of age.
G If the city clerk code administration manager finds that
such application for license or renewal is in proper form, the city clerk
code administration manager shall refer all applications with
photographs to the chief of the Yakima police department who shall
cause an investigation to be made of the applicant, including the
statements in the application, and who shall furnish a report to the city
clerk code administration manager of the results of such investigation,
including a recommendation as to whether a license should be issued.
D. The city manager code administration 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 code administration
manager deems that the applicant has complied with all of the
conditions required for licensing hereunder, the city manager code
administration manager shall issue or renew or shall direct the city
- - _ ' _ - - - the license applied for to the applicant.
E. Each manager license shall be issued to a specific person
named in the license document to manage a—elafFee—stuidie an adult
entertainment establishment at a specific location designated by street
address in the license document. Manager licenses shall lot be
transferable to any person or dance studio adult entertainment .
establishment location other than as specified in the license document.
F The city manager code administration manager shall not
issue or renew or direct the city clerk to do so any license under this
section if the information received by the city clerkcode
administration manager indicates 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
applicant, or been convicted of violating any law, of any jurisdiction,
for prostitution, pandering; pimping; lewd conduct; sexual misconduct;
jndecent exposure. rape in the first. second or third degree: indecent
liberties. rape of a child in the first. second or third degree; child .
molestation in the first. second. or third degree. sexual misconduct with
a minor in the first or second degree. any violation of this chapter:, or
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,
• other substantially similar crimes,. which in the judgment of the city
manager would influence ehe conducting, operating er managing the
business in a lawful manner. "
Section 7 Section 5 30 070 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"5 30 070 Dancer Entertainer — License issuance.
A. It is unlawful for any person to be employed as or act as a
dancer an entertainer, as defined in Section 5 30 010(3), unless that
person is the holder of a valid dancer entertainer's, license issued
pursuant to this chapter The fee for a dancer an entertainer's license
shall be •- - - - - - - . . = ' - - thirty dollars per calendar
year, or portion thereof Application for such license or renewal shall
be made to the city clerk code administration manager
B All applications and requirements for issuance of a dancer
an entertainer's, license shall be the same as for a manager license, as
set forth in Section 5 30 060, except that any license issued under the
provisions of this section shall be valid for employment in any dance
studio adult entertainment establishment licensed under this chapter "
Section 8 Section 5 30 080 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"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 code
administration manager 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 code administration 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, er
No license under this chapter shall be revoked unless the city manager
code administration 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 v, hich time the parties so notified may appear, in person and
• be represented by counsel, before the city manager code administration
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manager and show cause why the license should not be suspended or
revoked."
Section 9 Section 5 30 090 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"30 090 Appeal of license suspension or revocation.
A. The Yakima city council shall have jurisdiction to hear
appeals from the following orders of the city managcr code .
administration manager,
1 Denial of a license or licenses for which application 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 ei-ty
manager's code administration manager's order of denial, suspension or
re\ ocation by giving a written notice to the city managcr code
administration manager within seven days after the entry of the order
from N %hich 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 managcr code administration 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
G 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
represented by counsel, and offer evidence in support of the grounds
relied on by appellant to reverse the order of the city managcr code
administration 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 code administration manner 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."
Section 10 Section 5 30.095 is hereby enacted as a pew section of the City of
Yakima Municipal Code to read as follows:
"5.30 095 Penalties.
In addition to those penalties and actions provided in Sections
5 01 010(B), 5 01 040, and 5 01 050 of this Code, any person knowingly
violating any of the provisions of this chapter is a disorderly person
and is guilty of a misdemeanor and upon conviction thereof, shall be
punished by a fine of not more than five hundred dollars or by
imprisonment in the City jail facility for not more than ninety days or
by both such fine and imprisonment. Each separate day or any portion
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f ,
thereof during NNhich an vibration of and provision of this chapter
occurs or continues shall be deemed a separate and distinct offense."
Section 11 This ordinance shall be in full force and effect 30 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`Z.r hday of m ,
1994
Mayor
ATTEST
a p
�
Cit) Clerk
Publication Date: 5 - 24 - 94
Effecti\ e Date 6 - 23 - 94
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