Chapter 4.52 REGULATIONS FOR ADULT ENTERTAINMENT FACILITIES

Chapter 4.52
REGULATIONS FOR ADULT ENTERTAINMENT FACILITIES

Sections:

4.52.010 Purpose.

4.52.020 Scope.

4.52.030 Definitions.

4.52.040 Prohibition.

4.52.050 Regulated uses.

4.52.060 License required.

4.52.070 Investigation and application.

4.52.080 Issuance of license.

4.52.090 License fees for adult entertainment facilities.

4.52.100 Licenses for managers and entertainers.

4.52.110 Due date for license fees.

4.52.120 Manager on premises.

4.52.130 License nontransferable.

4.52.140 License – Posting and display.

4.52.150 Specifications – Adult cabarets.

4.52.160 Standards of conduct and operation applicable to adult entertainment facilities.

4.52.170 Regulations applicable to adult arcades.

4.52.180 Regulations applicable to video stores not qualifying as adult entertainment facilities.

4.52.190 Exemptions.

4.52.200 License – Name of business or place of business.

4.52.210 Inspections.

4.52.220 Hours of operation.

4.52.230 Alcohol prohibited.

4.52.240 Barkers prohibited.

4.52.250 Record keeping requirements.

4.52.260 Denial, suspension or revocation of license, and appeal procedures.

4.52.270 Suspension or revocation of license – Duration.

4.52.010 Purpose.

It is the intended purpose of this chapter to recognize the importance and benefits of freedom of expression to a democratic society. Experience has shown that establishments such as adult entertainment facilities, as defined herein, present the opportunity to engage and the high probability of engaging in activity which is criminal and/or not protected by the Constitution, and which is detrimental to the public health, safety and welfare. Therefore, the licensing and operation of adult entertainment facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter. [Ord. 3097 § 4, 1996].

4.52.020 Scope.

This chapter is intended to apply to the licensing and operation of all adult entertainment facilities in the city. The location and siting of such facilities is governed by zoning regulations contained in the Edmonds Community Development Code. [Ord. 3097 § 4, 1996].

4.52.030 Definitions.

For the purposes of this chapter, certain terms and words are defined as follows:

A. “Adult entertainment” shall mean:

1. Any exhibition, performance or dance of any type conducted in an adult entertainment facility where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

2. Any exhibition, performance or dance of any type conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

a. Human genitals in a state of sexual stimulation or arousal; or

b. Acts of human masturbation, sexual intercourse or sodomy; or

c. Fondling or other erotic touching of human genitals, pubic region, anus, buttocks or female breast; or

3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

B. “Adult entertainment facilities” shall mean those businesses defined as follows:

1. “Adult arcade”: a commercial establishment containing individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of specified sexual activities or specified anatomical areas.

2. “Adult cabaret”: a nightclub, bar, restaurant, theater or auditorium, or similar commercial establishment, whether or not alcoholic beverages are served, which features adult entertainment.

3. “Adult motel”: a hotel, motel, or similar commercial establishment which:

a. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and are not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America; or the establishment has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

b. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or

c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

4. “Adult motion picture theater”: a commercial establishment or drive-in theater where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities and are not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America and are shown for any form of consideration.

5. “Other adult entertainment facility”: any commercial establishment to which any patron is invited or admitted and where adult entertainment is provided on a regular basis and as a substantial part of the activities of the establishment.

C. “Barker” shall mean any person who is located at the entrance of or outside of an adult entertainment facility, and attempts to solicit business for the same by using voice or gestures.

D. “City” shall mean the city of Edmonds, Washington.

E. “Director” shall mean the city clerk, or his/her designee.

F. “Employee” shall mean any and all persons, including managers, entertainers, independent contractors, renters, lessees, or sublessees, who work in or at or render any services directly related to the operation of any adult entertainment facility whether or not such person is paid compensation by the operator of said business.

G. “Entertainer” shall mean any person who provides live adult entertainment in an adult entertainment facility, whether or not that person is an employee of the business and whether or not a fee is charged or accepted for such entertainment, and whether or not that person is nude, semi-nude or clothed.

H. “Establishment” shall mean any of the following:

1. The opening or commencement of an adult entertainment facility as a new business; or

2. The conversion of an existing business, whether or not an adult entertainment facility, to an adult entertainment facility; or

3. The addition of an adult entertainment facility to any other existing adult entertainment facility; or

4. The relocation of any adult entertainment facility; or

5. An existing adult entertainment facility.

I. “Expressive dance” shall mean any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom-type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value.

J. “Manager” shall mean any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of an adult entertainment facility.

K. “Nude” or “state of nudity” shall mean the appearance or less than complete and opaque covering of the human anus, male genitals, female genitals, or the areola or nipple of the female breast. The opaque covering shall be made of material or fabric, but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other such substances that are easily broken down or removed and do not offer the covering intended for an “opaque covering.”

L. “Operator” shall mean the owner, significant stockholder or significant owner of interest, custodian, licensee, manager, or person in charge of any licensed adult entertainment facility.

M. “Licensed establishment” shall mean any establishment that requires a license and that is classified as an adult entertainment facility.

N. “Licensee” shall mean a person in whose name a license to operate an adult entertainment facility has been issued, as well as the individual listed as an applicant on the application for a license.

O. “Person” shall mean and include any individual, firm, joint venture, partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit.

P. “Semi-nude” shall mean a state of undress in which clothing completely and opaquely covers only the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

Q. “Specified anatomical areas” shall mean and include any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

R. “Specified criminal activities” shall mean and include any conviction for acts which constitute sexual crimes against children, sexual abuse, rape, distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering.

S. “Specified sexual activity” shall mean and include any of the following:

1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

3. Masturbation, actual or simulated; or

4. Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or

5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection.

T. “Transfer of ownership or control” shall mean and include any of the following:

1. The sale, lease, or sublease of an adult entertainment facility, or substantially all of the assets of an adult entertainment facility; or

2. The transfer of securities which constitute a controlling interest in the adult entertainment facility, whether by sale, exchange, or similar means; or

3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the adult entertainment facility, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. [Ord. 3097 § 4, 1996].

4.52.040 Prohibition.

A person shall not use any property or establishment for an adult entertainment facility within the city of Edmonds, except as allowed in this chapter and the Edmonds Community Development Code. [Ord. 3097 § 4, 1996].

4.52.050 Regulated uses.

All adult entertainment facilities are subject to the provisions of the Community Development Code and the regulations contained in this chapter. [Ord. 3097 § 4, 1996].

4.52.060 License required.

A. It shall be unlawful to operate an adult entertainment facility without a valid adult entertainment facility license, issued by the city for the particular type of adult entertainment to be conducted.

B. The city clerk, or his/her designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling adult entertainment facility licenses. The director of the department of planning or his/her designee is responsible for ascertaining whether a license application for a proposed adult entertainment facility complies with all requirements enumerated herein and all other applicable zoning laws and/or regulations.

C. An application for an adult entertainment facility license shall be made on a form provided by the city.

D. The completed application shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is an individual/sole proprietor, then the individual/owner shall state his/her legal name and any aliases, stage names, or previous names, date of birth, Social Security number and submit satisfactory proof that he/she is 18 years of age or older.

2. If the applicant is a partnership, then the partnership shall state its complete name, and the legal names of all partners, including their dates of birth, Social Security numbers, and whether the partnership is general or limited, and a copy of the partnership agreement, if any.

3. If the applicant is a corporation, including a limited liability organization, then the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of Washington, the legal names, dates of birth, Social Security numbers of all directors, or principal stockholders, and the capacity of all officers, directors and principal stockholders; the name of the registered corporate agent, and the address of the registered office for service of process.

4. Each officer, director, or principal stockholder shall provide the city clerk/treasurer with an affidavit attesting to his/her identity and relationship to the corporation. A principal stockholder shall mean those persons who own 10 percent or greater interest in the adult entertainment facility.

5. If the applicant or any other individual listed pursuant to subsection (D)(1), (2) or (3) has been convicted of a crime within a four-year period immediately preceding the date of the application, then the applicant must state the specific criminal act involved, the date of conviction and the place of conviction.

6. If the applicant or any other individual listed pursuant to this section has, within the last four years, had a previous permit or license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, then the applicant must state the name and location of the adult entertainment facility for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation.

7. If the applicant or any other entity listed pursuant to this section holds any other licenses under this chapter or any other permits or licenses from other jurisdictions, including a sexually oriented business license from another city or county, then the applicant must state the names and locations of such other permitted or licensed businesses.

8. The single classification of license for which the applicant is filing.

9. The location of the proposed adult entertainment facility, including a legal description of the property, street address, and telephone number(s), if any.

10. The applicant's mailing address and residential address.

11. Two two-inch by two-inch color photographs of the applicant, including any corporate applicants, taken within six months of the date of the application, showing only the full face of the same. The photographs shall be provided at the applicant's expense. The license, when issued, shall have affixed to it one such photograph of the applicant.

12. The applicant and/or each corporate applicant's driver's license number, Social Security number, and his/her state or federally issued tax identification number, if any.

13. Each application shall be accompanied by a complete set of fingerprints of each person required to be a party to the application, including all corporate applicants as defined above, utilizing fingerprint forms as prescribed by the chief of police or his/her designee.

14. A sketch or diagram showing the configuration of the adult entertainment facility, including a statement of total floor space occupied by the establishment. The sketch or diagram must be professionally prepared and accepted by the city, and it must be drawn to a designated scale or drawn with marked dimensions of the interior of the adult entertainment facility to an accuracy of plus or minus six inches.

E. Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the city clerk or his/her designee shall be grounds for suspension of a license.

F. In the event the city clerk or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed adult entertainment facility license, he/she shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. (The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application).

G. The applicant must be qualified according to the provisions of this section, and the adult entertainment facility must be inspected and found to be in compliance with health, fire, and building codes of the city.

H. The applicant shall pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. Note: This is a processing fee. License fees shall also be required in the event the application is approved.

I. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining an adult entertainment facility license.

J. The application form for licenses issued under this chapter shall contain a provision providing that under penalty of perjury the applicant verifies that the information contained therein is true to the best of his/her knowledge. [Ord. 3097 § 4, 1996].

4.52.070 Investigation and application.

A. Upon receipt of an application properly filed with the city clerk, and upon payment of the nonrefundable processing fee, the city clerk or his/her designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to other city departments or other agencies responsible for enforcement of health, fire, criminal and building codes and laws. Each department or agency shall promptly conduct an investigation of the application and the proposed adult entertainment facility. Said investigation shall be completed within 20 days of receipt of the application by the city clerk or his/her designee, unless circumstances support extending the investigation. If the investigation is extended, the city shall inform the applicant of the extension and the reason. The extension shall be for no longer than 10 additional days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its recommendation as to approval or disapproval of the application, date it, sign it, and in the event it recommends disapproval, state the specific reasons therefor, citing applicable laws or regulations.

B. A department or agency shall recommend disapproval of an application if it finds that the proposed adult entertainment facility will be in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the city, or if the applicant does not meet the conditions as specified in this chapter. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city clerk or his/her designee.

C. In addition to the license fees set forth in this chapter, an applicant shall pay a charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 5, 2003; Ord. 3097 § 4, 1996].

4.52.080 Issuance of license.

A. The city clerk or his/her designee shall grant or deny an application for a license within 60 days from the date of its proper filing unless the city or applicant establishes a good reason for up to a 10-day extension as provided above.

B. Grant of Application for License.

1. The city clerk or his/her designee shall grant the application unless one or more of the criteria set forth in subsection C of this section (Denial of Application for License) is present.

2. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The license shall be posted in a conspicuous place, at or near the entrance to the adult entertainment facility so that it can be easily read at any time. The license shall be valid until the end of the year.

C. Denial of Application for License. The city clerk or his/her designee shall deny the application for any of the following reasons:

1. An applicant is under 18 years of age or will be employing a person under 18 years of age.

2. An applicant is overdue on his/her payment to the city of taxes, fees, fines, assessments, or penalties assessed or imposed against him/her in relation to an adult entertainment facility.

3. An applicant has failed to provide information required by this section or the application for the issuance of the license, or has falsely answered a question or request for information on the application form.

4. The applicant has failed to comply with any provision or requirement of this chapter.

5. The applicant has failed to comply with any city codes or zoning regulations, or other state or federal regulations or court order applicable to an adult entertainment facility.

6. The applicant has been convicted of a felony within the last 10 years involving an adult entertainment facility including, but not limited to, prostitution, promoting prostitution, and/or possession of controlled substances as that term is defined in Chapter 69.50 RCW. [Ord. 3097 § 4, 1996].

4.52.090 License fees for adult entertainment facilities.

A. The annual fee for an adult entertainment facility license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter.

B. Each license shall expire annually on December 31st of each year and must be renewed by January 1st of each year. A license shall not be prorated.

C. The applicant must be 18 years of age or older. [Ord. 3097 § 4, 1996].

4.52.100 Licenses for managers and entertainers.

A. No person shall work as a manager or entertainer at any adult entertainment facility without having first obtained the appropriate entertainer's or manager's license from the city clerk. Each such applicant shall not be required to obtain an adult entertainment facility license, but shall complete an application containing the information identified in ECC 4.52.060(D) and comply with the same requirements and procedures as set forth in ECC 4.52.060 through 4.52.080. A nonrefundable processing fee established by resolution shall accompany the application.

B. It is unlawful for any entertainer, employee or operator to knowingly work in or about or knowingly perform any service directly related to the operation of an unlicensed adult entertainment facility.

C. The annual fee for such a license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter.

D. This license expires annually on December 31st of each year and must be renewed by January 1st of each year. This license shall not be prorated.

E. The applicant must be 18 years of age or older. [Ord. 3097 § 4, 1996].

4.52.110 Due date for license fees.

All licenses required by this chapter must be issued and the applicable fees paid to the city clerk at least 14 calendar days before commencing work at an adult entertainment facility, and on an annual basis as described above. [Ord. 3097 § 4, 1996].

4.52.120 Manager on premises.

A. A licensed manager shall be on duty at an adult entertainment facility during all business hours.

B. The licensed manager on duty shall not be an entertainer.

C. It shall be the responsibility of the manager to verify that any entertainer who works or appears within the adult entertainment facility possesses a current and valid entertainer's license posted in the manner required by this chapter.

D. The manager shall not knowingly allow a violation of this chapter to continue or exist at the facility.

E. There shall be one manager on duty for every stage operating within the adult entertainment facility. [Ord. 3097 § 4, 1996].

4.52.130 License nontransferable.

No license issued pursuant to this chapter shall be transferable. A new adult entertainment facility license shall be required if there is a transfer of ownership or control of the adult entertainment facility. [Ord. 3097 § 4, 1996].

4.52.140 License – Posting and display.

A. Every manager or entertainer shall post his/her license in his/her work area so that it is readily available for public inspection.

B. Every person licensed under this chapter shall display his/her/its license in a prominent place within the establishment. In the case of adult cabarets, the name of the manager on duty shall be prominently posted during business hours. [Ord. 3097 § 4, 1996].

4.52.150 Specifications – Adult cabarets.

A. Separation of Adult Entertainment Performance Area. Live nude adult entertainment shall not be performed or conducted in an adult cabaret or other adult entertainment facility except upon a stage or platform at least 24 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least six feet from all areas of the adult entertainment facility to which patrons have access. A continuous fixed barrier railing, of sufficient construction to prevent encroachment by patrons into the performance area, at least three feet in height and located at least six feet from all points of the live adult entertainment performance area, shall separate the performance area and the patron areas.

B. Lighting. Sufficient lighting shall be provided and equally distributed in and about the parts of the adult entertainment facility which are open to and used by patrons so that all objects are plainly visible at all times, and so that on any part of the adult entertainment facility which is open to and used by patrons, a program, menu, or list printed in 8 point type will be readable from two feet away by a human eye with 20/20 vision.

C. Submittal of Plans. Building plans and lighting calculations showing conformance with the requirements of this section shall be included with any license application for an adult cabaret. Building plans must be in compliance with all building, planning and other applicable state, local and federal regulations. [Ord. 3097 § 4, 1996].

4.52.160 Standards of conduct and operation applicable to adult entertainment facilities.

A. Standards for Patrons, Employees and Entertainers. The following standards of conduct must be adhered to by all patrons, entertainers and employees of adult entertainment facilities at all times live adult entertainment is provided.

1. No employee or entertainer may appear nude, nor shall any male employee or entertainer appear with his genitals in a discernibly turgid state, even if completely or opaquely covered, or wear or use any device or covering which simulates the same, in any part of the adult entertainment facility open to public view, except on the stage described in ECC 4.52.150(A).

2. No patron or customer shall be permitted on the stage described in ECC 4.52.150(A).

3. No employee or entertainer shall allow, encourage, or knowingly permit any person within the adult entertainment facility to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of themselves or another, whether or not the person(s) are clothed.

4. No employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public, whether or not the person(s) are clothed.

5. No employee or entertainer shall perform acts of or acts which simulate:

a. Sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts the performance of which are prohibited by law; or

b. The touching, caressing, or fondling of the breasts, buttocks, pubic area, or genitals.

6. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.

7. No entertainer shall be visible from any public place outside the adult entertainment facility during the actual or apparent hours of his/her employment or performance within the adult entertainment facility.

8. It is unlawful for any manager, entertainer, or wait person to perform more than one such function at an adult cabaret on the same business day.

9. No employee or entertainer shall sit on a patron's lap or separate a patron's legs.

10. During business hours an entertainer shall not be present in areas of the establishment that are open to the patrons of the establishment except when that entertainer is in the act of performing adult entertainment. Entertainers shall use separate restroom facilities.

11. At least two signs, printed in English, of sufficient size to be readable from 20 feet away by a human eye with 20/20 vision shall be conspicuously displayed in the public area of the establishment stating the following:

THIS ADULT CABARET IS REGULATED BY THE CITY OF EDMONDS. ENTERTAINERS ARE:

(a) Not permitted to engage in any type of sexual conduct;

(b) Not permitted to appear nude except on stage;

(d) Not permitted to accept tips or gratuities in advance of their performance.

12. No employee or entertainer shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment facility unless that dance, performance or exhibition is performed at a torso-to-torso distance of no less than four feet from the patron or patrons for whom that dance, performance or exhibition is performed.

13. No tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any patron. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult entertainment facility or provided through a manager on duty at the adult entertainment facility. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult entertainment facility shall be placed in to the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer.

14. There must be at least one manager, not an entertainer, on duty and situated in a public area of the adult entertainment facility at all times that any patron, member or customer is present inside the adult entertainment facility.

15. Doors to areas of the adult entertainment facility which are available for use by persons other than the owner, manager, operator or their agents or employees may not be locked during business hours.

16. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of any patron, employee or other persons that police officers, health inspectors, fire inspectors, building inspectors, or other public officials are approaching or entering the adult entertainment facility.

B. Standards for Owner or Operator of Adult Entertainment Facilities. At any adult entertainment facility where live performances are provided:

1. No person under 18 years of age shall be permitted in an adult entertainment facility pursuant to RCW 9.10A.150. The identification of all patrons shall be checked by the employees of the adult entertainment facility before any patron is allowed to enter the adult entertainment facility.

2. Sufficient lighting shall be provided in or about the parts of the adult entertainment facility which are open to patrons so that all objects are plainly visible at all times, and so that in any part of the adult entertainment facility which is open to patrons, a program, menu, or list printed in 8 point type shall be readable from two feet away by a human eye with 20/20 vision. [Ord. 3097 § 4, 1996].

4.52.170 Regulations applicable to adult arcades.

All adult entertainment facilities allowing a customer or patron to view depictions of human nudity and/or sexual conduct of any nature, including depictions of specified sexual activities, shall comply with the following regulations:

A. Construction/Maintenance.

1. All viewing areas within the adult arcade shall be visible from a manager's station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section “viewing area” means the area where a patron or customer would be positioned while watching a film, video or other photographic reproduction.

2. All areas shall be maintained in a clean and sanitary condition at all times with sufficient lighting so that all objects are plainly visible at all times and any program, menu, or list printed in 8-point type shall be readable from two feet away by a human eye with 20/20 vision.

3. Restrooms may not contain video reproduction equipment.

4. No steps or risers shall be placed or maintained in any adult arcade booth or station.

5. No adult arcade station or booth shall have more than one stool type seat. In order to prevent obscuring the occupant of an adult arcade station or booth from view, no stool for seating within an adult arcade station or booth shall have any seat back or sides.

6. All ventilation devices between the adult arcade booths must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. There may not be any other holes or openings in the walls between the booths.

7. Only one person may occupy a booth or station at any given time.

8. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of any patron, employee or other persons that police officers, health inspectors, fire inspectors, building inspectors, or other public officials are approaching or entering the adult arcade.

9. The licensee shall not permit any doors to public areas of the adult arcade to be locked during business hours in violation of the applicable provisions of the Edmonds Building Code, Uniform Fire Code, and National Fire Protection Association Code.

10. No person under 18 years of age shall be permitted in an adult arcade pursuant to RCW 9.10A.150. The identification of all patrons shall be checked by the employees of the adult arcade before any patron is allowed to enter the adult entertainment facility.

B. Unlawful Conduct: The following conduct or activity is unlawful:

1. Masturbation or sexual activity of any kind in viewing booths or stations.

2. More than one person in a viewing booth at any given time.

3. Physical contact between patrons and employees or physical contact between patrons and entertainers.

4. For the owner or manager to knowingly allow any of the disallowed conduct.

5. Noncompliance with any other regulations set forth in this chapter.

C. Signs. At least two signs shall be conspicuously and permanently posted in the adult arcade in readable English type from 10 feet away, advising customers using viewing booths that:

1. Masturbation in the viewing booths is prohibited and unlawful.

2. It is unlawful for more than one person to occupy a viewing booth at any time.

3. There shall be no sexual contact between patrons and employees.

4. Violators are subject to criminal prosecution. [Ord. 3097 § 4, 1996].

4.52.180 Regulations applicable to video stores not qualifying as adult entertainment facilities.

A video store that sells or otherwise distributes films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas (hereinafter referred to as “erotic videos”) shall be subject to this section if the percentage of the inventory or revenues associated with the sale or distribution of erotic videos equals or exceeds 25 percent of the gross inventory or revenues of the video store.

A. A video store that is subject to this section must comply with the following requirements:

1. All erotic videos shall be physically segregated from other portions of the store such that these erotic videos are not visible from other portions of the store.

2. No advertising for erotic videos shall be posted or otherwise visible, except where such erotic videos are authorized by law for display.

3. A sign, printed in English, and readable at a distance of 20 feet by a person with 20/20 vision, shall be posted at each entrance to the area where adult-oriented videos are displayed stating that persons under the age of 18 are not allowed access to the area where the erotic videos are displayed.

4. The manager or attendant shall take reasonable steps to monitor the area where the erotic videos are displayed to ensure that persons under 18 years of age do not access the age-restricted area.

5. Rental or sale of obscene material (as defined herein) shall be considered a moral nuisance, and subject to abatement pursuant to this chapter and RCW 7.48.058.

6. Employees shall check the identification of all persons renting or purchasing erotic videos to ensure that persons under the age of 18 do not rent or purchase erotic videos.

7. The video store shall not employ anyone under 18 years of age. [Ord. 3097 § 4, 1996].

4.52.190 Exemptions.

This chapter shall not be construed to apply to:

A. Expressive dance as defined in ECC 4.52.030;

B. Plays, operas, musicals or other dramatic works;

C. Classes, seminars, or lectures, conducted for a scientific or educational purpose;

D. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. [Ord. 3097 § 4, 1996].

4.52.200 License – Name of business or place of business.

No person granted a license pursuant to this chapter shall operate an adult entertainment facility under a name not specified in his/her license, nor shall he/she conduct business under any designation or at a location not specified in his/her license. [Ord. 3097 § 4, 1996].

4.52.210 Inspections.

A. All books and records required to be kept pursuant to this chapter shall be open to inspection by the chief of police or designee of the city of Edmonds during the hours when the licensed establishment is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter.

B. The licensed establishment shall be open to inspection by the city's chief of police, fire or health officials, or their designees during the hours when the adult entertainment facility is open for business. The purpose of such inspection shall be to determine if the licensed establishment is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. [Ord. 3097 § 4, 1996].

4.52.220 Hours of operation.

It is unlawful for any adult entertainment facility, except adult motels, to be conducted, operated, or otherwise open to the public between the hours of 12:00 midnight and 8:00 a.m. [Ord. 3097 § 4, 1996].

4.52.230 Alcohol prohibited.

Alcoholic beverages shall not be served or present at any adult entertainment facility. [Ord. 3097 § 4, 1996].

4.52.240 Barkers prohibited.

The use of “barkers”, as defined herein, by any adult entertainment facility shall be prohibited. [Ord. 3097 § 4, 1996].

4.52.250 Record keeping requirements.

A. Within 30 days following each calendar quarter, each adult entertainment facility licensee shall file with the city clerk a verified report showing the licensee's gross receipts and amounts paid to entertainers, models, or escorts, if applicable, for the preceding calendar year.

B. Each adult entertainment facility licensee shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, Social Security numbers and ages of all persons employed or otherwise retained as entertainers, models, and escorts by the licensee. [Ord. 3097 § 4, 1996].

4.52.260 Denial, suspension or revocation of license, and appeal procedures.

A. When the city clerk refuses to grant a license, or revokes the same, he/she shall notify the applicant in writing of the same, describing the reasons therefor, and shall inform the applicant of his right to appeal to the city council within 10 days of the date of the written notice by filing a written notice of appeal with the city clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested.

B. Whenever the city clerk has found or determined that any violation of this chapter has occurred, he/she shall issue a notice of violation and suspension or revocation (“notice”) to the licensee. In addition, the city clerk shall issue a notice of suspension or revocation to the licensee under the following circumstances:

1. Where such license was obtained by fraud or false representation of fact;

2. For the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or by any of its agents, employees or representatives, when the licensee knew or should have known of the violations committed by its agents, employees or representatives;

3. For the conviction of the licensee of any crime or offense committed at the adult entertainment facility involving prostitution, promoting prostitution or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW), or the conviction of the licensee's employees, agents or representatives of any crime or offense committed at the adult entertainment facility involving prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW).

C. The notice shall include the following:

1. Name(s) of person(s) involved.

2. Description of the violation(s), including date and section of this chapter violated.

3. Description of the administrative action taken.

4. Rights of appeal as set forth above.

D. The notice shall be served either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the licensee at his or her last known address. Proof of service shall be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting the service, declaring the time, date, and the manner by which service was made. The decision may be appealed to the city council if request for appeal is properly filed with the city clerk within 10 calendar days of receipt of the notice. Said request shall be in writing, state specific reasons for the appeal, and the relief requested.

E. The suspension or revocation of a license shall be effective at the end of the expiration of any appeal period, unless there is a written request for an appeal properly filed by the licensee. If there is an appeal so requested, then the revocation or suspension shall be stayed pending the outcome of the appeal. This effective date of suspension shall not apply to any fire code violation or building code violation deemed by the appropriate officials to be a serious risk to health and welfare.

F. Within 10 working days of receiving a timely appeal, the city clerk shall forward the administrative record of the licensing decision to the city council.

G. When an applicant has appealed the city clerk decision according to the stipulations herein, the city council shall review the administrative record as soon as possible, but no later than 30 working days after the city receives the appeal. Written notice of the date, time, and place of the scheduled meeting will be given to the applicant by the city clerk by mailing the same, postage prepaid, to the applicant at the address shown on the license application, at least five days prior to the meeting.

H. If the licensee appeals the notice to the city council, the licensee shall be afforded a reasonable opportunity to be heard as to the violation and action taken. The licensee and city clerk or his representative shall be given an opportunity to argue the merits of the appeal before the city council. Oral argument by each party shall not exceed 10 minutes and shall be limited to the administrative record before the council.

I. The city council shall uphold the city clerk's decision unless it finds the decision is not supported by evidence in the administrative record.

J. The city council shall issue a written decision within 10 working days of hearing the appeal. The council may uphold the city clerk's decision and deny the license, overrule the city clerk's decision and issue the license, or remand the matter to the city clerk for further review and action. The city clerk shall complete further action or review within 30 working days of receiving any remand.

K. A decision by the city council shall constitute final administrative review. The applicant or licensee shall be responsible for the cost of any preparation of the record for appeal.

L. Either party may seek judicial review of a final decision of the city council as provided by law. [Ord. 3097 § 4, 1996].

4.52.270 Suspension or revocation of license – Duration.

A. The city shall suspend any license as required by this chapter for a period of 90 days upon the licensee's first violation of this chapter.

B. The city shall suspend any license required by this chapter for a period of 180 days upon the licensee's second violation of this chapter.

C. The city shall revoke any license required by this chapter for a period of two years upon the licensee's third, or any subsequent, violation of this chapter.

D. Notwithstanding the other provisions of this chapter, the city shall revoke or deny the renewal of any license required by this chapter for two years if the licensee has made any false or misleading statements or misrepresentations to the city.

E. Application for a new license may be made following the expiration of the applicable revocation period. [Ord. 3097 § 4, 1996].