Chapter 4.48
CABARET DANCES

Sections:

4.48.010  Cabaret defined.

4.48.020  License fee.

4.48.025  Inspection fee.

4.48.030  License application and issuance.

4.48.040  Regulations applicable to cabaret dances.

4.48.050  Inspection of cabarets.

4.48.060  Dancing – Hours of operation.

4.48.070  Revocation of license – Hearing procedure – Appeal.

4.48.080  Penalty for violations.

4.48.300  Severability.

4.48.010 Cabaret defined.

For the purposes of this chapter, a “cabaret” is defined as any public place of business, except a teen dance hall as defined in Chapter 4.44 ECC, wherein food or beverages are dispensed and dancing is allowed or permitted without charge. [Ord. 2572 § 2, 1986; Ord. 594 § 2, 1949].

4.48.020 License fee.

The license fee for operating a cabaret shall be $25.00 per year; the year to run from the date of the issuance of such license. [Ord. 594 § 3, 1949].

4.48.025 Inspection fee.

In addition to the license fee referenced in this chapter, the applicant shall pay a charge equal to the actual cost of inspecting the premises in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 4, 2003].

4.48.030 License application and issuance.

Any person, firm, corporation or other entity desiring a cabaret license shall make application to the city clerk, which application shall specify the name and address of all owners or other person interested or having a proprietary interest in the premises, specify the type of music to be presented and the hours and days that cabaret dancing shall be conducted, together with such other information as may be requested from time to time by the city council. The license fee shall accompany the application for license and shall not be prorated for any portion of a year. Licenses issued under this chapter may be issued by the city clerk only after approval by the city council. [Ord. 1762 § 1, 1975; Ord. 594 § 4, 1949].

4.48.040 Regulations applicable to cabaret dances.

Closing hours, health and fire restrictions, conduct of patrons, lighting level in rooms and all other general and special regulations of the existing ordinances of the city of Edmonds or as they shall be amended or added to from time to time, relating to dances and dancing, and as regard morality and decency shall be effective as to and govern dances permitted under this chapter except as otherwise provided in this chapter; provided, however, the city council shall have the right to require that special police officers, as provided for in Chapter 4.40 ECC, be in attendance as a condition of the granting of any license under this chapter; provided, further, the city shall have the right to review the need for special police officers in attendance at any dances licensed hereunder and may require the presence of such officers after a license has been issued if such is found to be necessary for the public hearing in the manner as provided in ECC 4.48.070. [Ord. 1762 § 2, 1975; Ord. 372 § 3, 1925].

4.48.050 Inspection of cabarets.

It is unlawful for the owner of any hotel, restaurant or cafe where dancing is carried on, his agent or employee, to refuse admission to any public officer for the purpose of inspecting such hotel, restaurant or cafe to see if the ordinances of the city of Edmonds with reference to health, regulations, prevention of fire hazards and morality and decency in the city are being complied with in said place. [Ord. 372 § 5, 1925].

4.48.060 Dancing – Hours of operation.

It is unlawful for any person, firm or corporation to allow or permit dancing in any hotel, restaurant, or cafe in the city of Edmonds between the hours of 2:00 a.m. and 8:00 a.m. of any day of the week. [Ord. 1452, 1969; Ord. 372 § 5A, 1925].

4.48.070 Revocation of license – Hearing procedure – Appeal.

A. Any holder of a license under this chapter who is found to be guilty of a violation of any of the provisions of this chapter or of the provisions of any ordinance of the city of Edmonds or the laws of the state of Washington relating to intoxicating liquors, shall be subject to having the license suspended or cancelled and revoked. The responsibility of the maintenance of an orderly premises shall be upon the licensee.

B. When the chief of police determines that there is cause for suspending or revoking any license issued pursuant to this chapter, he shall notify the person holding the license by certified mail, at the address set forth on the application for the license of his decision to suspend or revoke such license.

C. Notice mailed to the last business address on file for the licensee shall be deemed received three days after posting in the United States mails. The notice shall specify the grounds for the suspension or revocation and the same shall become effective 10 days from the date the notice is delivered or deemed received unless the person affected thereby files a written request for a hearing with the city council within such period.

D. The city council shall, upon receipt of such a request, set a hearing date within 30 days following the receipt of such request. At such hearing, the council shall have the authority to suspend for any given period of time or revoke the license or void the police chief's notice of suspension or revocation or require additional restrictions on the licensee's operation including the requirement that a special police officer be present during hours of operation in order to ensure compliance with the provisions of this chapter and the conditions of any license issued or granted hereunder. The council shall have the right to continue the hearing from time to time as it deems necessary to provide itself with full information concerning the facts and circumstances giving rise to the proposed suspension or revocation of the license.

E. Appeals from the city council's decision shall be made to the superior court having jurisdiction by writ of certiorari within 10 days of the announcement of the decision by the council with respect to suspension and/or revocation of any license issued under this chapter. Costs of preparing and certifying a record of the council proceedings to superior court upon an appeal from the council's decision, shall be borne by the person, firm, corporation or other entity appealing the decision.

F. In the event the licensee does not request a hearing before the city council within the time provided in the notice, the license of the person shall be suspended or revoked as provided in the notice served upon the licensee. In the event a licensee who has appealed to the city council fails to appeal to the superior court within the time limits as provided herein, the license of the person, firm, corporation or other entity shall be suspended or revoked in accordance with the decision of the city council upon expiration of the appeal period to the superior court. [Ord. 1762 § 3, 1975; Ord. 372 § 6, 1925].

4.48.080 Penalty for violations.

Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine or by imprisonment in the city jail or by both such fine and imprisonment as set forth in ECC 5.50.020. [Ord. 372 § 7, 1925].

4.48.300 Severability.

If any section, subsection, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being expressly declared that this chapter, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. [Ord. 1762 § 4, 1975].