HomeMy WebLinkAbout1998-002 business license - adult entertainment •
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ORDINANCE NO. 98- 02
AN ORDINANCE relating to licenses and business regulations; imposing license
fees for operators, managers, and entertainers; and amending
Sections 5.30.020, 5.30.060 and 5.30.070 all of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. 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 an
adult entertainment establishment unless such establishment is
licensed as provided in this chapter. The fee for an adult entertainment
establishment license and renewal shall be :. - . _ _ - • .
mss- one thousand 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 an
adult entertainment establishment shall be issued or renewed except
upon written application to the code administration manager, signed
and sworn to by the person who will conduct or operate the adult
entertainment establishment for which application is made. Such
application shall be made on forms furnished by the code
administration manager and shall contain the following information:
1. The business name, business address and telephone
number of the adult entertainment establishment for which the license
is sought;
2. In relation to each natural person having a substantial
connection with the adult entertainment establishment for which 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 adult entertainment
establishment for which a license or renewal is sought,
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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 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 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 code
administration manager may deem necessary or desirable for the
purpose of enforcing or otherwise administering the provisions of this
chapter."
Section 2. 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 thirty dollars one hundred dollars per
calendar year or portion thereof. Application for such license or
renewal shall be made to the code administration manager.
B. All applications for issuance or renewal of a manager's
• license shall be made to and filed with the code administration manager
on forms furnished by the 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 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.
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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 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.
If the code administration manager finds that such
application for license or renewal is in proper form, the 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 code
administration manager of the results of such investigation, including a
recommendation as to whether a license should be issued.
D. The 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 code administration manager deems that the applicant
. has complied with all of the conditions required for licensing
hereunder, the code administration manager shall issue or renew he
license applied for to the applicant.
E. Each manager license shall be issued to a specific person
named in the license document to manage an adult entertainment
establishment at a specific location designated by street address in the
license document. Manager licenses shall not be transferable to any
person or adult entertainment establishment location other than as
specified in the license document.
F. The code administration manager shall not issue or renew
any license under this section if the information received by the code
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;
indecent 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
other substantially similar crimes.
Section 3. Section 5.30.070 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"5.30.070 Entertainer -- License issuance.
A. It is unlawful for any person to be employed as or act as an
entertainer, as defined in Section 5.30.010(3), unless that person is the
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holder of a valid entertainer's license issued pursuant to this chapter.
The fee for an entertainer's license shall be thirty do11ar° one hundred
dollars per calendar year, or portion thereof. Application for such
license or renewal shall be made to the code administration manager.
B. All applications and requirements for issuance of 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 adult
entertainment establishment licensed under this chapter."
Section 4. 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 day of ,
1998.
it 4t.
Mayor
ATTEST: ,Q ,
City Clerk
Publication Date: 0/ —
Effective Date: 0 a- -aa -9$
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• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT �]
Item No. / I
For Meeting Of January 20, 1998.
ITEM TITLE: An Ordinance relating to licenses and business regulations; imposing
license fees for operators, managers, and entertainers; and amending Sections 5.30.020,
5.30.090 and 5.30.070 all of the City of Yakima Municipal Code.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney I
CONTACT PERSON /TELEPHONE: Jeff B. West, 575 -6033
SUMMARY EXPLANATION: Under the City of Yakima's current adult entertainment
licensing ordinance, owners, managers and dancers may not engage in adult
entertainment activities until they have obtained an adult entertainment license. At
Council direction, fees for an operator's license are increased to $1,000.00 and fees for
a managers or entertainers license are raised to $100.00.
Resolution Ordinance X Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Council Policy Issue
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(1s)agenda/license agrmt.jv