Chapter 9
LICENSES AND BUSINESS REGULATIONS

Articles:

I. In General

II. Registration

III. Adult Entertainment

IV. Animal Kennels – Pet Shops – Grooming Shops – Training Centers, Etc.

V. Pawnbrokers and Other Secondhand Dealers

VI. Private Security Systems

VII. Temporary Businesses

VIII. Public Dances and Dance Halls

IX. Massage Businesses

X. Bathhouses

XI. Cable Communication Systems

Article I.
IN GENERAL

Sections:

9-1 Cable television rate regulations adopted by reference.

9-2 – 9-25 Reserved.

9-1 Cable television rate regulations adopted by reference.

The rate regulations set forth in the Report and Order dated May 3, 1993, issued by the Federal Communications Commission pursuant to the authority set forth in the Cable Television Consumer Protection and Competition Act of 1992 (“Cable Act”) under 47 USC Section 543, containing rules, forms and procedures for implementing the rate regulation provisions of the Cable Act, including all future additions, deletions and amendments thereto, are hereby adopted by reference as the city of Federal Way’s rate regulations. (Ord. No. 94-206, § 1, 1-4-94)

Editor’s note – Ord. No. 94-206, § 1, adopted Jan. 4, 1994, has been codified herein at the discretion of the editor as § 9-1.

9-2 – 9-25 Reserved.

Article II.
REGISTRATION

Sections:

9-26 Definitions.

9-27 Penalties and violations.

9-28 Processing procedure.

9-29 Required.

9-30 Application.

9-31 Payment of fees – Delinquent payment.

9-32 Exemptions.

9-33 Application for exemption required.

9-34 Home occupations.

9-35 Separate locations.

9-36 Joint registrations.

9-37 Agents responsible for obtaining registration.

9-38 Posting required.

9-39 Change of address.

9-40 Nontransferable.

9-41 Mailing of notices.

9-42 Revocation – Suspension – Denial.

9-43 Effect of registration denial, revocation or suspension.

9-44 Notice of hearing.

9-45 Appeal period.

9-46 Decision of the hearing examiner.

9-47 Reinstatement procedures and standards for reviewing an application for reinstatement.

9-48 Appeal to city council.

9-49 Emergency suspension.

9-50 – 9-70 Reserved.

9-26 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business shall mean and include vocations, occupations, professions, enterprises and establishments and all other activities and matters conducted for private profit or benefit, either directly or indirectly, anywhere within the city, which employs 10 or more persons.

Premises shall mean and include all lands, structures and places, and also any personal property which either is affixed to, or is used in connection with any such business conducted on such premises.

Small business shall mean and include vocations, occupations, professions, enterprises and establishments and all other activities and matters conducted for private profit or benefit, either directly or indirectly, anywhere within the city, which employs nine or less persons. (Ord. No. 91-86, § 1(2), 2-5-91)

9-27 Penalties and violations.

(a) Criminal penalties. Any person failing to renew his/her business registration after July 1st of each year, or otherwise violating or failing to comply with any of the provisions of this article may be punished by a fine of not more than $5,000 or imprisoned for not more than six months, or both, for each day or part of a day during which the unlawful act or violation occurs. The person may also be ordered to discontinue the unlawful act or correct the violation.

(b) Civil penalties. Any person who fails to comply with the provision of this article is, in addition to any criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion of the day that the violation continues.

(c) Other legal remedies. Nothing in this article limits the right of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this article. (Ord. No. 91-86, § 1(23), 2-5-91; Ord. No. 00-370, § 1, 7-18-00)

9-28 Processing procedure.

The city clerk shall issue registrations in the name of the city to all persons qualified under the provisions of this article and shall:

(1) Adopt all forms and prescribe the information required to implement this article.

(2) Submit all applications to the planning department, building division, fire department and/or police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing.

(3) Notify any applicant of the acceptance or rejection of this application and shall, upon denial of any registration, state in writing the reason therefor, the process for appeal thereof and deliver them to the applicant.

(4) Deny any application for registration upon written findings that the granting would be detrimental to public peace, health or welfare, or that such application for registration is not in compliance with any applicable city regulations.

(5) When any such registration is denied, the applicant may appeal such decision pursuant to the process described in FWCC 9-44.

(6) When the issuance is denied, and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the registration was refused unless or until the registration is issued pursuant to an administrative or judicial judgment ordering the same. (Ord. No. 91-86, § 1(4), 2-5-91)

9-29 Required.

No person shall transact, engage in or carry on any business, trade, profession, occupation, calling or activity without first having been issued a proper and current registration or having filed and qualified for an exemption as provided herein. (Ord. No. 91-86, § 1(1), 2-5-91)

9-30 Application.

(a) Every person required to procure a registration under the provision of any ordinance of this city or provision of this Code shall submit an application for such registration to the city clerk. The application for the registration shall be made to the city clerk, on forms provided by such officer, which application shall include at a minimum the following information: the name of the applicant, the residence, place of business, the nature of business, the number of employees employed by the business, emergency notification information and hazardous waste and substance information. The city clerk shall require any additional information found to be reasonably necessary for the fair administration of this article.

(b) The application for a registration shall be accompanied by the full amount of the fee chargeable for such license.

(c) The city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as the approval of city clerk for the issuance of the registration; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this article or this Code.

(d) A duplicate registration may be issued by the city clerk to replace any registration previously issued which was lost, stolen, defaced or destroyed, upon the filing of the registrant of an affidavit attesting to such fact and the paying to the city clerk a fee in the amount of $15.00.

(e) Any person or business possessing a current valid registration under this chapter shall submit a new application within 30 days of any change or modification in the type, kind or nature of the business. Submission of an application documenting said change or modification will not require a fee. (Ord. No. 91-86, § 1(3), 2-5-91; Ord. No. 03-440, § 1, 3-18-03)

9-31 Payment of fees – Delinquent payment.

(a) Each initial registration required pursuant to this article shall expire at the end of the year in which it was issued and a renewal registration shall be required for each subsequent year.

(b) The business registration fees shall be as provided in the fee schedule kept on file with the city clerk. The fee schedule shall include a rate for the initial year’s registration and an annual renewal rate for subsequent yearly registrations.

(c) Each annual registration fee provided for in this article shall become due and payable on January 1st of every year and shall be deemed delinquent on February 1st. As to any business commenced during any year, the fee shall be due and payable on the first day that business is transacted or carried on.

(d) All new businesses initially registered in the last quarter of any year are exempt from payment of the next year’s business registration renewal fee.

(e) Any new businesses having to pay a special license fee shall be exempt from the payment of the initial year’s business registration fee.

(f) Failure to pay any registration fee due within 30 days after the day on which it is due and payable shall result in a penalty of five percent or $5.00, whichever is higher, on the amount of the registration fee, and an additional penalty of five percent or $5.00, whichever is higher, for each succeeding month of delinquency or part thereof, but shall not exceed a total penalty of $25.00 or 25 percent of the amount of such registration fee, whichever is higher.

(g) The registration fee levied in this article shall be in addition to any other fees provided for in any other ordinance or provision of this Code, except as otherwise provided. (Ord. No. 91-86, § 1(5), (15), 2-5-91; Ord. No. 04-472, § 1, 12-7-04)

9-32 Exemptions.

The following shall be required to obtain a registration under this article, but shall not be required to pay any fee:

(1) Business activities carried on by nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural or youth organizations.

(2) Fraternal benefit societies, as defined in RCW 48.36.010, fraternal fire insurance associations, beneficiary corporations or societies organized under and existing by virtue of RCW 24.16.010 and 24.16.140, inclusive, if such corporations and societies provide in their bylaws for payment of death benefits as set forth in RCW 24.16.020 and 24.16.100.

(3) Any business or activity which is exempt from payment of such fees as prescribed by this article by virtue of applicable provisions of the federal or state Constitution or applicable federal or state statutes shall be exempt from the registration requirement of this article.

(4) Any religious society, association or corporation which operates any charitable hospital, clinic or institution devoted exclusively to the care or healing of human beings.

(5) Any farmer, gardener or other person who sells, delivers or peddles any fruit, vegetables, berries, butter, eggs, fish, milk, poultry or meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state. (Ord. No. 91-86, § 1(6), 2-5-91)

9-33 Application for exemption required.

Any person claiming exemption from the requirements of this article shall file with the city clerk the usual registration application and an affidavit setting forth the facts sufficient to show the application of this section and their right to such exemption. (Ord. No. 91-86, § 1(7), 2-5-91)

9-34 Home occupations.

The business registration fee for businesses operating in residential zones in compliance with FWCC 22-1066 et seq. shall be the usual business registration fee. (Ord. No. 91-86, § 1(8), 2-5-91)

9-35 Separate locations.

A separate registration shall be required for each branch, establishment or location of the business engaged in, as if each such branch, establishment or location were a separate business; provided, however, warehouses and distributing plants and storage yards used in connection with and incidental to a business registered under the provision of this article shall not be deemed to be separate places or business or branch establishments. Location of such warehouses and distributing plants and storage yards shall be shown on the application for the business registration, and must comply with the provisions of all city codes. Each registration shall authorize the registrant to transact and carry on only the business registered thereby at the location or in the manner designated in such registrations. (Ord. No. 91-86, § 1(9), 2-5-91)

9-36 Joint registrations.

A person engaged in two or more businesses at the same location shall not be required to obtain separate registrations for conducting each of such businesses; provided, when eligible, the person shall be issued one registration which will specify on its face all such businesses. Applications for such joint registration shall list the names and pertinent information for all such businesses. The total number of all employees employed in all businesses included within the joint business license shall be considered for purposes of classifying the size of the business for licensing purposes. (Ord. No. 91-86, § 1(10), 2-5-91)

9-37 Agents responsible for obtaining registration.

The agents or other representatives of nonresidents who are doing business in the city shall be personally responsible for the compliance of their principals, and the businesses they represent, in regards to the requirements of this article. (Ord. No. 91-86, § 1(11), 2-5-91)

9-38 Posting required.

Every registration granted under this article shall be posted in a conspicuous place in the place of business of the registrant. (Ord. No. 91-86, § 1(12), 2-5-91)

9-39 Change of address.

Every person who, under the provision of this article, is subject to a registration fee and who has a fixed place of business shall notify the city clerk in writing of any change in location of such fixed place of business or mailing address within 30 days thereafter. (Ord. No. 91-86, § 1(13), 2-5-91)

9-40 Nontransferable.

Registrations issued pursuant to this article shall not be transferable by the registrant to any other person, nor shall any fee paid by any person under the provisions of this article be applied in whole or in part to the payment of fee due, or to become due, from any other person. (Ord. No. 91-86, § 1(14), 2-5-91)

9-41 Mailing of notices.

Any notices required by this article to be mailed to any registrant or applicant shall be sent by ordinary mail, addressed to the address of the registrant or applicant as shown by the records of the city clerk, or if no such address is shown, to such address the city clerk is able to ascertain by reasonable effort. Failure of the registrant or applicant to receive such mail notice shall not release the registrant or applicant from any fees or penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this article. (Ord. No. 91-86, § 1(16), 2-5-91)

9-42 Revocation – Suspension – Denial.

A registration issued under this article may be revoked, suspended or denied for any one or more of the following reasons:

(1) The licensee, or any manager, officer, director, agent or employee, while acting within the scope of employment, failed to comply with any federal, state or local laws or regulations, including any provision of this Code;

(2) The licensee, or any manager, officer, director, agent or employee, while acting within the scope of employment, failed to comply with any of the terms and conditions imposed by the city on the issuance of the registration;

(3) The licensee, or any manager, officer, director, agent or employee, while acting within the scope of employment, failed to operate the business or activity in accordance with any federal, state or local law or regulations;

(4) The licensee, or any manager, officer, director, agent or employee, while acting within the scope of employment, conducted or permitted the business or activities in a manner which endangers the public health, welfare or safety;

(5) Issuance of the registration without authority or power, or in violation of any applicable federal, state or local laws or regulations;

(6) When the registration was procured by fraud or false representation of facts;

(7) When the registration was issued through mistake or inadvertence;

(8) When the registration application contains false or misleading statements, evasions or suppression of material facts;

(9) The registrant’s conviction of infractions or offenses within 10 years which have a connection to the licensed activity;

(10) When the business or activity becomes an instrument of or a cover for public disorder, crime, or other danger to public safety, morals or health;

(11) When a registrant has had a business registration denied or revoked by the city within one year prior to the date of an application for a business registration;

(12) Criminal conviction of licensee, or any manager, officer, director, agent or employee, while acting within the scope of employment, or a violation of any provision of this title shall be grounds for revocation or suspension of the license. (Ord. No. 91-86, § 1(17), 2-5-91; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 03-440, § 2, 3-18-03)

9-43 Effect of registration denial, revocation or suspension.

If any registrant has a business registration denied or revoked for any reason, a new business registration shall not be granted to the registrant and/or any entity in which the registrant has an ownership interest for a minimum period of one year from the date of such denial or revocation and all business activity shall immediately cease from the date of such denial or revocation. The city clerk may suspend a license for no more than six months. During the period of any suspension, all business activity shall cease. (Ord. No. 95-231, § 1, 4-4-95)

9-44 Notice of hearing.

Prior to suspension or revocation of a registration under this article, the registrant shall be notified in writing of the grounds for suspension or revocation of the registration. Suspension or revocation of the registration shall occur 10 days after the date of the notice of suspension or revocation unless such action is appealed by registrant in the manner described herein. (Ord. No. 91-86, § 1(18), 2-5-91; Ord. No. 95-231, § 1, 4-4-95)

9-45 Appeal period.

A registrant under this article must appeal the decision for revocation, suspension or denial within 10 days of receipt of the notice of such revocation, suspension or denial by filing a notice of appeal with the city clerk. Upon receipt by the city clerk of the appeal by registrant, a hearing shall be held thereon before a hearing examiner designated by the city. Notice of the hearing shall be given to the appellant at least 10 days prior to the hearing. At such hearing the appellant shall be entitled to be heard and introduce evidence on his or her own behalf. (Ord. No. 91-86, § 1(19), 2-5-91; Ord. No. 95-231, § 1, 4-4-95)

9-46 Decision of the hearing examiner.

The decision of the hearing examiner shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the registrant shall be notified in writing. In the event of revocation or denial, the hearing examiner decision shall provide that the revocation or denial shall be for a period of not less than one year unless the hearing examiner determines that extraordinary circumstances exist justifying a shorter period of time, in which case the justification for such decision shall be set forth by the hearing examiner in writing. In determining the minimum time of the revocation or denial during which reinstatement or issuance of a business registration shall not be considered, the hearing examiner will consider among other factors:

(1) The degree of the registrant’s culpability, if any, and the conduct leading to the revocation or denial;

(2) The criminal nature of the conduct, if any; and

(3) The conduct’s effect on the community and whether the business or activity was a threat to the public health, safety or welfare.

During the period of revocation or denial, the registrant and any entity in which the registrant has an ownership interest shall be precluded from applying for either a reinstatement of the registration or from applying for a new business registration to conduct the same or a similar business activity. The decision of the hearing examiner is final unless appealed within 14 days to the city council by filing such notice of appeal with the city clerk within the required time period. (Ord. No. 91-86, § 1(20), 2-5-91; Ord. No. 95-231, § 1, 4-4-95)

9-47 Reinstatement procedures and standards for reviewing an application for reinstatement.

(a) Procedures. At any time following the expiration of the revocation or denial period a registrant may apply for reinstatement of the registration, or an application for a new business may be sought utilizing the following procedures:

(1) A written application shall be completed on a form available from the city clerk.

(2) The application, when completed, shall be filed with the city clerk, with a copy to the city attorney.

(3) The hearing examiner shall set a public hearing date with at least two weeks’ notice to the registrant to consider the application for reinstatement or new application.

(4) The public hearing shall be advertised by the city clerk in a newspaper of general circulation in the city of Federal Way at least once and at least five days prior to the public hearing.

(5) At the public hearing, the hearing examiner shall receive testimony from the registrant, city staff and interested members of the public.

(6) Upon conclusion of the public hearing the hearing examiner shall decide whether or not to grant approval of the application.

(b) Standards for review. In making its determination on an application for reinstatement or issuance of a registration privilege, the hearing examiner shall consider all relevant factors, which shall include:

(1) The amount of time which has elapsed since the revocation or denial action was taken; and

(2) The degree of the registrant’s culpability, if any, the conduct leading to the revocation or denial, and the criminal nature of the conduct, if applicable; and

(3) The effect on the community of the conduct leading to the revocation or denial of the registration privilege; and

(4) The steps taken by the registrant to reform him/herself or insure that if placed in the same or similar business ownership position, he/she would not revert to the prior conduct which lead to the revocation or denial of his/her registration; and

(5) Any additional means by which the registrant can demonstrate to the hearing examiner that if allowed a new registration, the prior wrongful conduct would not recur. (Ord. No. 95-231, § 1, 4-4-95)

9-48 Appeal to city council.

The city council shall hear the appeal of the hearing examiner decision within 30 days of the filing of notice of the appeal. The city council may adopt, modify or reverse the decision of the hearing examiner. The decision of the city council shall be final unless appealed by writ of certiori to the superior court within 10 days of the council decision. (Ord. No. 91-86, § 1(21), 2-5-91; Ord. No. 95-231, § 1, 4-4-95)

9-49 Emergency suspension.

In the event of conduct or activities which create an eminent risk of harm to public health, safety or welfare the registration of such business may be summarily suspended upon notice to the registrant; provided, that the registrant shall be entitled to a hearing before a hearing examiner designated by the city upon a written appeal being filed with the city clerk by the registrant within 10 days of the registration suspension. In the event of an appeal by registrant, a hearing shall be provided within 10 days of notice of appeal. The provisions of FWCC 9-45, 9-46 and 9-47 shall apply to any appeal of the hearing examiner decision regarding emergency suspensions. (Ord. No. 91-86, § 1(22), 2-5-91; Ord. No. 95-231, § 1, 4-4-95)

9-50 – 9-70 Reserved.

Article III.
ADULT ENTERTAINMENT

Sections:

Division 1. Generally

9-71 Definitions.

9-72 Findings of fact.

9-73 Penalties.

9-74 Additional enforcement.

9-75 Business hours.

9-76 Activities not prohibited.

9-77 – 9-85 Reserved.

Division 2. Administration

9-86 License suspension or revocation.

9-87 Reserved.

9-88 Notice of appeal.

9-89 Date, time, place for hearing.

9-90 Reserved.

9-91 Scope of matters considered in appeal.

9-92 Waiver of right to appeal.

9-93 Reserved.

9-94 Action after hearing.

9-95 Appeal from hearing examiner.

9-96 Stay during appeal.

9-97 – 9-105 Reserved.

Division 3. Licenses

9-106 License for establishment required – Fee – Expiration.

9-107 License for managers, entertainers required – Fee.

9-108 Due date for license fees.

9-109 Renewal of license – Late penalty.

9-110 License applications.

9-111 Reserved.

9-112 Manager on premises.

9-113 Reserved.

9-114 – 9-125 Reserved.

Division 4. Regulations

9-126 Reserved.

9-127 Exception from division.

9-128 Standards of conduct and operation.

9-129 List of entertainments, fees.

9-130 Physical layout of premises – Sight obstructions.

9-131 Reserved.

9-132 Notice to customers.

9-133 Additional requirements for peepshows.

9-134 Additional requirements for adult entertainment establishments.

9-135 – 9-155 Reserved.

Division 1. Generally

9-71 Definitions.

For the purpose of this article the words and phrases used in this section shall have the following meanings unless the context otherwise indicates:

(a) Adult entertainment shall mean:

(1) Any exhibition, performance or dance of any type conducted in a premises 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 breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, 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 a premises 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;

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

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

(3) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises 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 establishment shall mean any commercial premises 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 premises activity.

(c) Applicant means the individual or entity seeking an adult entertainment license in the city of Federal Way.

(d) Applicant control persons means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who holds a significant interest in the adult entertainment establishment, based on responsibility for management of the adult entertainment business.

(e) Employee shall mean 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 any adult entertainment establishment.

(f) Entertainer shall mean any person who provides live adult entertainment whether or not a fee is charged or accepted for such entertainment.

(g) Manager shall mean any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment.

(h) Operator shall mean any person operating, conducting or maintaining an adult entertainment establishment.

(i) Panoram or peepshow shall mean any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or by any other means, including observation of live performances.

(j) Panoram premises means any premises or portion of a premises or portion of a premises on which a panoram is located and which is open to the public, including through membership.

(k) Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized.

(l) Sexual conduct means acts of (i) sexual intercourse within its ordinary meaning; or (ii) any contact between persons involving the sex organs of one person and the mouth or anus of another; or (iii) masturbation, manual or instrumental, of oneself or of one person by another; or (iv) touching of the sex organs or anus, of oneself or of one person by another. (Ord. No. 90-55, § 2, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-72 Findings of fact.

Based on public testimony and other evidence presented to it, the city council makes the following findings of fact:

(1) The secondary effects of the activities defined and regulated in this article are detrimental to the public health, safety, morals, and general welfare of the citizens of the city and, therefore, such activities must be regulated.

(2) Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants.

(3) Proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the city which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety and general welfare.

(4) The activities described in subsections (2) and (3) of this section occur, in the absence of regulation, regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages.

(5) It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors; to ensure that each such entertainer is an adult and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible.

(6) It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will at all necessary times be an individual responsible for the overall operation of the adult entertainment establishment, including the actions of patrons, entertainers and other employees.

(7) The license fees required in this article are necessary as nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating the adult entertainment industry.

(8) Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry in the absence of regulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for the city to effectively protect the public health, safety, morals and general welfare of its citizens and effectively allocate its law enforcement resources it is important that the city be fully apprised of the actual ownership of adult entertainment establishments, and identities and backgrounds of persons responsible for management and control of the adult entertainment establishment.

(9) It is not the intent of this article to suppress or censor any expressive activities protected by the First Amendment of the United States Constitution or Article 1, Section 5 of the Washington State Constitution, but rather to enact time, place and manner regulations which address the compelling interests of the city in mitigating the secondary effects of adult entertainment establishments.

(10) In an undercover operation in 1995, police officers entered the Deja Vu adult entertainment establishment in Federal Way, Washington over an approximately five-month period. Approximately 24 criminal violations were charged for acts occurring while the officers were inside Deja Vu. Police officers repeatedly observed managers ignoring criminal law violations committed inside Deja Vu, within a short distance from the manager. Managers would look at the patrons/officers while criminal violations were committed by the entertainers. Entertainers continuously violated the Federal Way City Code. There have been numerous instances where entertainers masturbate the patrons and where the entertainers, without invitation, press their vaginas on the genital area and mouths of the patrons, including undercover officers. (Ord. No. 90-55, § 1, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-73 Penalties.

(a) Criminal penalty. Any person violating any of the terms of this article shall be guilty of a misdemeanor and upon conviction thereof, be punished as provided in FWCC 1-13.

(b) Civil penalty. In addition to any other penalty provided in this section or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the city clerk. The city clerk, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed; and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this article. (Ord. No. 90-55, § 15, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-74 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the city clerk may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provision of this article. (Ord. No. 90-55, § 16, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-75 Business hours.

No adult entertainment shall be conducted between hours of 2:00 a.m. and 10:00 a.m. (Ord. No. 90-55, § 10, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-76 Activities not prohibited.

This article shall not be construed to prohibit:

(1) Plays, operas, musicals or other dramatic works which are not obscene as defined in FWCC 9-126;

(2) Classes, seminars and lectures held for serious scientific or educational purposes; or

(3) Exhibitions or dances which are not obscene.

Whether or not activity is obscene shall be judged by consideration of the following factors:

(1) Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and

(2) Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b);

(3) Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. No. 90-55, § 9(D), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-77 – 9-85 Reserved.

Division 2. Administration

9-86 License suspension or revocation.

(a) The clerk may, at any time upon the recommendation of the chief of police and as provided below, suspend or revoke any license issued under this chapter:

(1) Where such license was procured by fraud or false representation of fact; or

(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 servants, agents or employees when the licensee knew or should have known of the violations committed by its servants, agents or employees; or

(3) For the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises, or the conviction of any of the licensee’s servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the licensed premises when the licensee knew or should have known of the violations committed by its servants, agents or employees.

(b) A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.

(c) The clerk shall provide at least 10 days’ prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.

(d) Notification shall be by personal service or registered or certified mail, return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the suspension or revocation. The suspension or revocation shall become effective 10 days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the city clerk for a hearing before the hearing examiner within such 10-day period. The hearing examiner or other hearing body shall render its decision within 15 days following the close of the appeal hearing. Any person aggrieved by the decision of the hearing examiner or other designated hearing body shall have the right to appeal the decision to the Superior Court within 14 days of the hearing examiner decision, by writ of certiorari or mandamus as provided in FWCC 2-182. The decision of the clerk shall be stayed during the pendency of any administrative and judicial appeals except as provided in subsection (e) of this section.

(e) Where the Federal Way building official, fire marshal or the King County health department find that any condition exists upon the premises of an adult entertainment establishment which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection (c) of this section. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the hearing examiner or other designated hearing body under the same appeal provisions set forth in subsection (c) of this section, provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. (Ord. No. 90-55, § 17(A), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-87 Reserved.

Editor’s note – Ord. No. 95-241, § 1, adopted Aug. 15, 1995, deleted former § 9-87, relative to the authority of the hearing examiner, which derived from Ord. No. 90-55, § 17(B), adopted May 1, 1990.

9-88 Notice of appeal.

Any person falling under the provisions of this article may appeal from any notice of suspension, denial or revocation or civil penalty assessment by filing with the city clerk within 10 days from the date the notice is delivered or deemed received, a written appeal containing:

(1) A heading in the words: “Before the Hearing Examiner for the city of Federal Way”;

(2) A caption reading: “Appeal of ____” giving the names of all appellants participating in the appeal;

(3) A brief statement setting forth the legal interest of each of the appellants participating in the appeal;

(4) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(5) A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

(6) The signatures of all parties named as appellants, and their official mailing addresses; and

(7) The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal. (Ord. No. 90-55, § 17(C), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-89 Date, time, place for hearing.

As soon as practicable after receiving the written appeal, the hearing examiner shall fix a date, time, and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 30 days from the date the appeal was filed with the city clerk, unless the parties agree to an extension of time. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the hearing examiner’s office either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. (Ord. No. 90-55, § 17(D), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-90 Reserved.

Editor’s note – Ord. No. 95-241, § 1, adopted Aug. 15, 1995, deleted former § 9-90, relative to the rights of the appellant, which derived from Ord. No. 90-55, § 17(E), adopted May 1, 1990.

9-91 Scope of matters considered in appeal.

Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal. (Ord. No. 90-55, § 17(F), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-92 Waiver of right to appeal.

Failure of any person to file an appeal in accordance with the provisions of this division shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, or any portion thereof. (Ord. No. 90-55, § 17(G), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-93 Reserved.

Editor’s note – Ord. No. 95-241, § 1, adopted Aug. 15, 1995, deleted former § 9-93, relative to stay of enforcement, which derived from Ord. No. 90-55, § 17(H), adopted May 1, 1990.

9-94 Action after hearing.

Upon completion of the hearing, the hearing examiner shall:

(1) Affirm the city clerk’s decision; or

(2) Reverse or modify the city clerk’s decision. (Ord. No. 90-55, § 17(I), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-95 Appeal from hearing examiner.

An appeal from a decision of the hearing examiner shall be to the county superior court and shall be served and filed within 30 days of the decision of the hearing examiner. In the event the applicant or license holder does not follow the procedures within the time periods set forth in this division, the action of the hearing examiner shall be final. (Ord. No. 90-55, § 17(J), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-96 Stay during appeal.

The decision of the clerk to suspend, revoke or refuse to renew a license under this article shall be stayed during administrative and judicial review, but refusal to issue an initial license shall not be stayed. (Ord. No. 95-241, § 1, 8-15-95)

9-97 – 9-105 Reserved.

Division 3. Licenses

9-106 License for establishment required – Fee – Expiration.

(a) Adult entertainment establishments shall not be operated or maintained in the city unless the owner or operator has first obtained a license from the city clerk, as set forth in this article. It is unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment establishment.

(b) The fee for an adult entertainment establishment license in the city as required in this division is $500.00 per year. (Ord. No. 90-55, § 3, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-107 License for managers, entertainers required – Fee.

No person shall work as a manager or entertainer at an adult entertainment establishment without having first obtained a manager’s or an entertainer’s license from the city clerk pursuant to FWCC 9-110(b) and 9-111. The annual fee for such a license shall be $50.00. (Ord. No. 90-55, § 4, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-108 Due date for license fees.

(a) The license fee required by FWCC 9-106 is due and payable to the city clerk at least two weeks before the opening of the adult entertainment establishment.

(b) The license fee required by FWCC 9-106 and 9-107 are due and payable to the city clerk before the beginning of such entertainment or beginning employment.

(c) Every license issued or renewed pursuant to this article shall expire on December 31st of each year.

(d) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year. (Ord. No. 90-55, § 5, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-109 Renewal of license – Late penalty.

A late penalty shall be charged on all applications for renewal of a license received later than seven days after the expiration date of such license as set forth in the respective resolution or ordinance establishing the expiration date of such license. The amount of such penalty is fixed as follows:

Days Past Due	Additional Percentage of License Fees
8 – 30	25
31 – 60	50
61 and over	100

(Ord. No. 90-55, § 6, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-110 License applications.

(a) Adult entertainment establishment license.

(1) Required information. All applications for an adult entertainment establishment license shall be submitted to the clerk in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and shall be signed by such person or his or her agent and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:

a. The name of the applicant, location and doing-business-as name of the proposed adult entertainment establishment, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

b. For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver’s license number, if any, social security number if any, and business, mailing, and residential address, and business telephone number.

c. If the applicant is a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.

d. For the applicant and each applicant control person, list any other licenses currently held for similar adult entertainment or sexually oriented businesses, including motion picture theaters and panorams, whether from the city or another city, county, state, and if so, the names and addresses of each other licensed business.

e. For the applicant and each applicant control person, list prior licenses held for similar adult entertainment or other sexually oriented businesses, whether from the city or from another city, county, or state, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor.

f. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition.

g. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.

h. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.

i. Two two-inch by two-inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face.

j. For the applicant or each applicant control person, a complete set of fingerprints prepared at the King County department of public safety or on forms prescribed by the department.

k. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment shall include building plans which demonstrate conformance with this article.

l. The application must demonstrate compliance with the provisions of the city’s zoning code concerning allowable locations for adult entertainment establishments.

(2) An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.

(3) A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.

(4) Each applicant shall verify, under penalty of perjury that the information contained in the application is true.

(5) If any person or entity acquires, subsequent to the issuance of an adult entertainment establishment license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city clerk, no later than 21 days following such acquisition. The notice to the clerk shall include the same information required for an initial adult entertainment establishment license application.

(6) The adult entertainment establishment license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed establishment. The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read at any time the business is open.

(7) No person granted an adult entertainment establishment license pursuant to this chapter shall operate the establishment under a name not specified on the license, nor shall any person operate the establishment at any location not specified on the license.

(8) Upon receipt of the complete application and fee, the clerk shall provide copies to the police, fire and community development departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall, within 25 days of the date of such application, inspect the application and premises and shall make a written report to the clerk whether such application and premises complies with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult entertainment establishment license approved prior to the premises construction shall contain a condition that the premises may be open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.

(9) A adult entertainment establishment license shall be issued by the clerk within 30 days of the date of filing a complete license application and fee, unless the clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The clerk shall notify the applicant within five working days of application submittal if application is incomplete, and shall grant an applicant’s request for a reasonable extension of time in which to provide all information required for a complete license application. If the clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the clerk fails to issue or deny the license within 30 days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days.

(b) Application for manager or entertainer license.

(1) Required information. No person shall work as a manager, assistant manager or entertainment at an adult entertainment establishment without an adult entertainment manager or entertainer license from the city. All applications for a manager’s or entertainer’s license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:

a. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by the Federal Way police department, Social Security number, and any stage names or nicknames used in entertaining.

b. The name and address of each business at which the applicant intends to work.

c. Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:

1. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;

2. A state-issued identification card bearing the applicant’s photograph and date of birth;

3. An official passport issued by the United States of America.

4. An immigration card issued by the United States of America; or

5. Any other identification that the city determines to be acceptable.

d. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.

e. A description of the applicant’s principal activities or services to be rendered.

f. Two two-inch by two-inch photographs of an applicant, taken within six months of the date of application showing only the full face.

g. Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.

(2) The clerk may request additional information or clarification when necessary to determine compliance with this chapter.

(3) A manager’s or an entertainer’s license shall be issued by the clerk within 14 days from the date the complete application and fee are received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws.

(4) Every adult entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the adult entertainers readily available for inspection by the city at any time during business hours of the adult entertainment establishment.

(c) Temporary entertainer or manager license. An applicant for an adult entertainer’s license or manager’s license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth day following the filing of the complete application and fee, unless the clerk has failed to approve or deny the license application in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the clerk extend the application review time for more than an additional 20 days. (Ord. No. 90-55, § 7(A), (B)(1) – (3), 5-1-90; Ord. No. 92-129, § 1, 3-17-92; Ord. No. 95-241, § 1, 8-15-95; Ord. No. 97-290, § 1, 3-4-97; Ord. No. 97-298, § 1, 8-5-97)

9-111 Reserved.

Editor’s note – Ord. No. 95-241, § 1, adopted Aug. 15, 1995, deleted former § 9-111, relative to the issuance of licenses, which derived from Ord. No. 90-55, § 7(B)(4), adopted May 1, 1990.

9-112 Manager on premises.

A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided. (Ord. No. 90-55, § 8, 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-113 Reserved.

Editor’s note – Ord. No. 95-241, § 1, adopted Aug. 15, 1995, deleted former § 9-113, relative to standards for denial, suspension or revocation of an adult entertainment license, which derived from Ord. No. 90-55, § 13, adopted May 1, 1990.

9-114 – 9-125 Reserved.

Division 4. Regulations

9-126 Reserved.

Editor’s note – Ord. No. 95-241, § 1, adopted Aug. 15, 1995, deleted former § 9-126, relative to definitions pertaining to Division 4, which derived from Ord. No. 90-55, § 9(E), (F), adopted May 1, 1990.

9-127 Exception from division.

This division does not apply to taverns and premises maintaining liquor licenses and which are subject to the rules and regulations of the Washington State Liquor Control Board. (Ord. No. 90-55, § 9(G), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-128 Standards of conduct and operation.

The following standards of conduct must be adhered to by employees of any adult entertainment establishment:

(1) No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 18 inches above the immediate floor level and removed at least eight feet from the nearest patron.

(2) No employee or entertainer mingling with patrons shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (1) of this section, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.

(3) No employee or entertainer mingling with patrons shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus or buttocks.

(4) No employee or entertainer shall caress, fondle or erotically touch any patron. No employer or entertainer shall encourage or permit any patron to caress, fondle or erotically touch any employee or entertainer. No employee or entertainer shall sit on a patron’s lap or separate a patron’s legs.

(5) No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute.

(6) No employee or entertainer mingling with patrons shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment 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 dance, performance or exhibition is performed.

(7) 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 establishment or provided through a manager on duty on the premises. 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 establishment shall be placed into 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. (Ord. No. 90-55, § 9(A)(1) – (6), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-129 List of entertainments, fees.

There shall be posted and conspicuously displayed 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 fee or charge in dollar amounts for each entertainment listed. (Ord. No. 90-55, § 9(A)(7), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-130 Physical layout of premises – Sight obstructions.

Every place offering adult entertainment shall be physically arranged in such a manner that:

(1) Performance area. The performance area where adult entertainment as described in FWCC 9-71(a)(1) is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which patrons have access. A continuous railing three to five feet in height above the floor and located at least eight feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager’s station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever.

(2) No activity or entertainment occurring on the premises shall be visible at any time from any other public place. (Ord. No. 90-55, § 9(A)(8), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-131 Reserved.

Editor’s note – Ord. No. 95-241, § 1, adopted Aug. 15, 1995, deleted former § 9-131, relative to entertainers soliciting fees, which derived from Ord. No. 90-55, § 9(A)(9), adopted May 1, 1990.

9-132 Notice to customers.

A sign shall be conspicuously displayed in a common area of the premises which shall read as follows:

This adult entertainment establishment is regulated by the city. Entertainers are:

(1) Not Permitted to Engage in Any Type of Sexual Conduct.

(2) Not Permitted to Appear Semi-Nude or Nude, Except on Stage.

(3) Not Permitted to Accept Tips or Gratuities in Advance of Their Performance.

(4) Not Permitted to Accept Tips or Gratuities Directly from Patrons while Performing upon Any Stage Area.

(Ord. No. 90-55, § 9(A)(10), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-133 Additional requirements for peepshows.

The following additional requirements must be adhered to at any panoram or peepshow:

(1) The interior of the panoram or peepshow premises shall be arranged in such a manner as to insure that customers are fully visible from the waist down, and all persons viewing such panoram pictures shall be visible from the entrance to such premises.

(2) The licensee shall not permit any doors to public areas on the premises to be locked during business hours.

(3) Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector.

(4) Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons, a program, menu or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away. (Ord. No. 90-55, § 9(B), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-134 Additional requirements for adult entertainment establishments.

At any adult entertainment establishment the following are required:

(1) Admission must be restricted to persons of the age of 18 years or more.

(2) No adult entertainment shall be visible outside of the adult entertainment establishment, nor any photograph, drawing, sketch or other pictorial or graphic representation which includes lewd matter as defined in Chapter 7.48A RCW or display of sexually explicit material in violation of RCW 9.68.130.

(3) Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons, a program, menu or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away. (Ord. No. 90-55, § 9(C), 5-1-90; Ord. No. 95-241, § 1, 8-15-95)

9-135 – 9-155 Reserved.

Article IV.
ANIMAL KENNELS – PET SHOPS – GROOMING SHOPS – TRAINING CENTERS, ETC.

Sections:

Division 1. Generally

9-156 Definitions.

9-157 – 9-164 Reserved.

Division 2. Licenses

9-165 General licensing requirements.

9-166 Shelter, kennel, grooming service, cattery or pet shop license – Required.

9-167 Shelter, kennel, grooming service, cattery or pet shop license – Zoning compliance.

9-168 Shelter, kennel, grooming service, cattery or pet shop license – Health inspection.

9-169 Hobby kennel or hobby cattery license required.

9-169.1 Special hobby kennel license.

9-170 Reserved.

9-171 Revocation – Suspension – Refusal to renew – Authority.

9-172 Revocation – Suspension – Refusal to renew – Waiting period.

9-173 – 9-185 Reserved.

Division 3. Regulations

9-186 Hobby kennels or hobby cattery.

9-187 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops – Reporting requirements – Inspections – Sanitation.

9-188 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops – General conditions.

9-189 Indoor housing facilities.

9-190 Outdoor facilities.

9-191 Grooming parlors.

9-192 Additional rules and regulations.

9-193 – 9-205 Reserved.

Division 1. Generally

9-156 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal control authority shall mean the county animal control division, department of general services, acting alone or in concert with other municipalities for enforcement of the animal control laws of the county and city for the shelter and welfare of animals.

Animal control officer shall mean any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this article or any other law or ordinance relating to the impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal.

Animal rescuer means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat; provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian.

Cattery means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months.

Grooming service means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.

Hobby cattery means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed in FWCC 9-186.

Hobby kennel means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed in FWCC 9-169.1.

Juvenile means any dog or cat, altered or unaltered, that is under the age of six months.

Kennel shall mean a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months.

Livestock means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but does not include small, wild or predatory animals, as defined in King County Code Section 21.04.540.

Owner shall mean any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner.

Pet shop shall mean any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell or rent such live animals to the public or to retail outlets.

Service animal means any animal, which is trained or being trained to aide a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization.

Shelter shall mean a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.

Special hobby kennel license means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this chapter. (Ord. No. 90-30, § 2(C), (D), (H), (J), (K), (M), (P), (R), 2-13-90; Ord. No. 92-153, § 2, 11-17-92)

9-157 – 9-164 Reserved.

Division 2. Licenses

9-165 General licensing requirements.

All animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops and grooming services must be licensed by the animal control authority. Licenses will be valid for one year from the date of application. Fees which are on file in the city clerk’s office shall be assessed. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed prior to, on or after their respective renewal month. Any person(s) who engages in more than one of the services or maintains more than one of the types of facilities cited in this section shall pay license fees as are on file in the city clerk’s office. Veterinarians shall obtain the required licenses for any service other than one which by law may be performed only by a veterinarian; provided, that no such license shall be required for his or her possession of animals solely for the purposes of veterinary care. (Ord. No. 92-153, § 4, 11-17-92)

9-166 Shelter, kennel, grooming service, cattery or pet shop license – Required.

It is unlawful for any person to keep or maintain any animal shelter, kennel, grooming service, cattery or pet shop within the city without obtaining a license. A license fee which is on file in the city clerk’s office shall be assessed, not upon the individual animals, but upon the owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop. Each license and certificate of inspection issued pursuant to this article shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and numbered and shall bear the name of Federal Way, King County, Washington, and the name and address of the owner or keeper of the establishment, and the expiration date of the license. The license shall be valid for a period of one year from the date of purchase. (Ord. No. 90-30, § 7, 2-13-90; Ord. No. 92-153, § 10, 11-17-92)

9-167 Shelter, kennel, grooming service, cattery or pet shop license – Zoning compliance.

The applicant for animal shelter, cattery, pet shop, grooming service, hobby kennel or kennel license shall present to the animal control authority a written statement from the city, that the establishment of the animal shelter or kennel at the proposed site is not in violation of the city zoning code, is a legal nonconforming zoning status, or a special development permit has been issued for the intended use. (Ord. No. 90-30, § 8, 2-13-90; Ord. No. 92-153, § 11(A), 11-17-92)

9-168 Shelter, kennel, grooming service, cattery or pet shop license – Health inspection.

Before an animal shelter, cattery, pet shop, grooming service, hobby kennel or kennel license may be issued by the animal control authority, a certificate of inspection from the Seattle-King County health department or animal control authority must be issued showing that the animal shelter, cattery, pet shop, grooming service, hobby kennel or kennel is in compliance with FWCC 9-169, 9-186 through 9-190. (Ord. No. 90-30, § 9, 2-13-90; Ord. No. 92-153, § 11(B), 11-17-92)

9-169 Hobby kennel or hobby cattery license required.

It is unlawful for any person to keep and maintain any dog or cat within the city for the purposes of a hobby kennel or hobby cattery without obtaining a license. The fee for such license shall be assessed upon the owner or keeper of such animals and shall be on file in the city clerk’s office. In addition, each animal shall be individually licensed pursuant to the provisions of FWCC 4-106. (Ord. No. 90-30, § 10(A), 2-13-90; Ord. No. 92-153, § 12(A), 11-17-92)

9-169.1 Special hobby kennel license.

(a) Persons owning a total number of dogs and cats exceeding three, who do not meet the requirements for a hobby kennel license, may be eligible for a special hobby kennel license to be issued at no cost by the animal control authority which will allow them to retain the specific animals then in their possession; provided, that the following conditions are met:

(1) The applicant must apply for the special hobby kennel license and individual licenses for each dog and cat within 30 days of the enactment of Ordinance No. 92-153, or at the time they are contacted by an animal control officer, King County license inspector, King County pet license canvasser, or the city of Federal Way.

(2) The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise.

(b) The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to possess animals beyond the limits imposed by this article and Chapter 4 FWCC until such time as the death or transfer of such animals reduces the number possessed to the legal limit set forth in this article and Chapter 4 FWCC.

(c) The director of animal control may deny any application for a special hobby kennel license based on past animal control code violations by the applicant’s dogs and cats, or complaints from neighbors regarding the applicant’s dogs and cats; or if the animal(s) is maintained in inhumane conditions. (Ord. No. 92-153, § 13, 11-17-92)

9-170 Reserved.

Editor’s note – Ord. No. 92-153, § 16, adopted Nov. 17, 1992, deleted former § 9-170, relative to license requirements for grooming parlors, which derived from Ord. No. 90-30, § 14(A), enacted Feb. 13, 1990.

9-171 Revocation, suspension, refusal to renew – Authority.

The animal control authority may, in addition to other penalties provided in this article, revoke, suspend or refuse to renew any animal shelter, hobby kennel, hobby cattery, kennel, grooming parlor, pet shop, guard dog seller, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this article; provided, however, the enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed pursuant to FWCC 4-71. (Ord. No. 90-30, § 16, 2-13-90; Ord. No. 92-153, § 26, 11-17-92)

9-172 Revocation, suspension, refusal to renew – Waiting period.

No applicant shall be issued an animal shelter, hobby kennel, kennel, grooming parlor or pet shop, guard dog seller, guard dog trainer license or guard dog registration who has previously had such license suspended or revoked or a renewal refused, for a period of one year after the date of revocation or refusal and until such applicant meets the requirements contained in the provision of this article to the satisfaction of the animal control authority. (Ord. No. 90-30, § 17, 2-13-90; Ord. No. 92-153, § 27, 11-17-92)

9-173 – 9-185 Reserved.

Division 3. Regulations

9-186 Hobby kennels or hobby cattery.

(a) Limitation on number of dogs and cats allowed. The total number of dogs and cats over six months of age kept by a hobby kennel or hobby cattery based on the following guidelines:

(1) Animal size;

(2) Type and characteristics of the breed;

(3) The amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres and the maximum number shall not exceed five where the lot area is less than 35,000 square feet;

(4) The facility specifications/dimensions in which the dogs and cats are to be maintained;

(5) The zoning classification in which the hobby kennel or hobby cattery would be maintained.

(b) Limitation on reproduction. The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat.

(c) Limitation on advertising. The hobby kennel or hobby cattery shall not have signs, displays or other visual representations not already permitted in the zone.

(d) Immunization. Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from disease according to the dog’s and cat’s species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age.

(e) License issuance and maintenance. Only when the director is satisfied that the requirements of King County Code Section 11.04.060(C)(1) through (5) have been met, a hobby kennel or hobby cattery license may be issued. The license will continue in full force throughout the license year unless, at any time, the hobby kennel or hobby cattery is maintained in such a manner as to:

(1) Exceed the number of dogs and cats allowed at the hobby kennel or hobby cattery by the animal control authority.

(2) Fail to comply with any of the requirements of King County Code Section 11.04.060(C)(1) through (5).

(f) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of FWCC 9-169, 9-186 through 9-190. (Ord. No. 90-30, § 10(B) – (G), 2-13-90; Ord. No. 92-153, § 12(B) – (G), 11-17-92)

9-187 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops – Reporting requirements, inspections – Sanitation.

(a) Reporting required. Each animal shelter, hobby kennel, kennel, cattery, hobby cattery or pet shop shall provide a list to the animal control authority of all dogs and cats given away or sold to the animal control authority quarterly based upon the calendar year. The list shall contain the origin, the age and type of dog or cat and the name and address of the person to whom the dog or cat was given or sold.

(b) Inspection. It shall be the duty of the director of the Seattle-King County department of public health or the animal control authority to make or cause to be made such inspections as may be necessary to insure compliance with FWCC 9-187 through 9-190. The owner or keeper of an animal shelter, hobby kennel, kennel, cattery, grooming service or pet shop shall admit to the premises for the purposes of making an inspection, any officer, agent or employee of the Seattle-King County department of health or animal control authority at any reasonable time that admission is requested.

(c) Sanitation. It is unlawful to keep, use or maintain within the city any animal shelter, hobby kennel, kennel, cattery, grooming services or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and/or safety and not in compliance with FWCC 9-169, 9-186 through 9-190. Violation of this subsection may be cause for revocation or denial of such license. (Ord. No. 90-30, § 11(A) – (C), 2-13-90; Ord. No. 92-153, § 14(A) – (C), 11-17-92)

9-188 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops – General conditions.

Animal shelters, hobby kennels, kennels, grooming services, catteries and pet shops shall meet the following conditions:

(1) Housing facilities shall be provided the animals and shall be structurally sound, maintained in good repair, designed to protect them from injury, contain the animals and shall restrict the entrance of other animals.

(2) Electric power shall be supplied in conformance with city, county and state electrical codes adequate to supply lighting and heating as may be required by this article. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta.

(3) Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects and rodents. Refrigeration shall be provided for the protection of perishable foods.

(4) Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease and from obnoxious or foul odors.

(5) Washroom facilities, including sinks and toilets, with hot and cold water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities.

(6) Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well animals.

(7) There shall be an employee on duty at all times during hours any store is open whose responsibility shall be the care and welfare of the animals in that shop or department held for sale or display.

(8) An employee or owner shall come in to feed, water and do any necessary cleaning of animals and birds on days the store or shop is closed.

(9) No person shall knowingly sell a sick or injured animal or bird.

(10) No person shall misrepresent an animal or bird to a consumer in any way.

(11) Adequate care and feeding instructions must be given to each purchaser of an animal and must be in writing. (Ord. No. 90-30, § 11(D), 2-13-90; Ord. No. 92-153, §14, 11-17-92)

9-189 Indoor housing facilities.

Animal shelters, hobby kennels, kennels, catteries, grooming services and pet shops which have indoor housing facilities for animals and birds shall:

(1) Be sufficiently heated or cooled to protect the animals from temperatures to which they are not normally acclimatized;

(2) Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts;

(3) Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers;

(4) Have interior wall, ceiling and floor surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris; and

(5) Contain a drainage system which shall be connected to a sanitary sewer or septic system which conforms to the standards of building codes now in force within the city and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any conditions of weather to temperature; provided, this requirement shall not apply to hobby kennels and pet shops. All indoor housing facilities for animals, fish or birds shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities. (Ord. No. 90-30, § 12, 2-13-90; Ord. No. 92-153, § 14.1, 11-17-92)

9-190 Outdoor facilities.

Animal shelters, hobby kennels, kennels, catteries and pet shops which have outdoor facilities for animals and birds shall:

(1) Be constructed to provide shelter from excessive sunlight, rain, snow, wind or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;

(2) Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta or other materials and shall be designed to facilitate the removal of animal and food wastes; and

(3) Be constructed with adequate walls or fences to contain the animals therein and to prevent entrances of other animals. (Ord. No. 90-30, § 13, 2-13-90; Ord. No. 92-153, § 15, 11-17-92)

9-191 Grooming parlors.

(a) Grooming parlors shall:

(1) Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming;

(2) Provide such restraining straps for a dog or cat while it is being groomed so that such animal shall neither fall or be hanged;

(3) Sterilize all equipment after each dog or cat has been groomed;

(4) Not leave animals unattended before a dryer;

(5) Not prescribe a treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;

(6) Not put more than one animal in each cage.

(b) All floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated must be constructed of water impervious material that can be readily cleaned, and must be maintained in good repair.

(c) Hot and cold water must be conveniently available and a large sink or tub of a minimum size of 24 inches by 18 inches by 12 inches must be provided.

(d) Toilet and handwashing facilities with hot and cold running water must be conveniently available for personnel employed.

(e) Only equipment necessary to the operation of the licensed establishment shall be kept or stored on the premises and shall be stored in a sanitary and orderly manner.

(f) All cages, pens or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis. (Ord. No. 90-30, § 14(B), 2-13-90; Ord. No. 92-153, § 16(B), 11-17-92)

9-192 Additional rules and regulations.

The director of the animal control authority is authorized to promulgate rules and regulations not in conflict with this article as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, hobby catteries, pet shops, grooming parlors and guard dog sellers, trainers and owners. Such rules and regulations may be enacted only after a public hearing has been held for such purpose. Enforcement of these rules and regulations may be appealed to the King County board of appeals pursuant to FWCC 4-71. (Ord. No. 90-30, § 15, 2-13-90; Ord. No. 92-153, § 25, 11-17-92)

9-193 – 9-205 Reserved.

Article V.
PAWNBROKERS AND OTHER SECONDHAND DEALERS

Sections:

Division 1. Generally

9-206 Definitions.

9-207 Criminal penalty.

9-208 Civil penalty.

9-209 – 9-220 Reserved.

Division 2. Administration

9-221 Notification of suspension, revocation, denial or civil penalty.

9-222 Authority of hearing examiner.

9-223 Notice of appeal.

9-224 Date, time, place for hearing.

9-225 Rights of appellant.

9-226 Scope of matters considered in appeal.

9-227 Waiver of right to appeal.

9-228 Stay of enforcement.

9-229 Action after hearing.

9-230 Appeal from hearing examiner.

9-231 – 9-240 Reserved.

Division 3. License

9-241 Required.

9-242 Application.

9-243 Background investigation.

9-244 Grounds for denial.

9-245 Fees.

9-246 Expiration – Renewal.

9-247 Late penalty.

9-248 Limitation on pawnbroker’s license.

9-249 Grounds for revocation.

9-250 – 9-260 Reserved.

Division 4. Regulations

9-261 Records required.

9-262 Records and articles to be available for inspection.

9-263 Seller or consignee to give true name and address.

9-264 Transcript to be furnished.

9-265 Report of suspected stolen property.

9-266 Authorized rate of interest.

9-267 Retention period.

9-268 Hours of operation.

9-269 Separate license for separate places of business.

9-270 Change of location – Transfer.

9-271 – 9-290 Reserved.

Division 1. Generally

9-206 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Identified as stolen or pawned without authorization shall mean any property which has been reported by the rightful owner to a law enforcement authority as missing or stolen.

Pawnbroker shall mean every person who takes or receives by way of pledge, pawn or exchange goods, wares, or merchandise of any kind of personal property for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes public display of any sign indicating that he has money to loan on personal property on deposit or pledge.

Pawnshop shall mean every place at which a pawnbroker business is being conducted.

Rightful owner, unless otherwise proven, shall mean the person having possession of the property prior to the theft or removal without authorization.

Secondhand dealer shall mean every person who as a business engages in the purchase, sale, barter, sale on consignment, or otherwise exchanges secondhand goods, or who keeps a store, shop, room or other place where secondhand goods of any kind or description are bought, sold, traded or bartered, pledged, pawned, auctioned, sold on consignment, or otherwise exchanged; provided, however, that this term does not apply to those persons engaged in the business of selling used or secondhand motor vehicles or boats.

Secondhand goods shall mean any and all used, remanufactured, or secondhand goods purchased or kept for sale by a secondhand dealer; provided, however, such term does not include junk or used or secondhand motor vehicles or boats. (Ord. No. 90-57, §§ 1, 15(A)(12)(a), (b), 5-1-90)

9-207 Criminal penalty.

(a) Prohibited acts – Gross misdemeanor. RCW 19.60.066, including all future amendments, additions or deletions is adopted by reference.

(b) Every pawnbroker or secondhand dealer and every clerk, agent or employee of such pawnbroker or secondhand dealer, who commits the following acts is guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in FWCC 1-13:

(1) Falsifies, obliterates, destroys or removes from his or her place of business such book or record;

(2) Refuses to allow a representative of the law enforcement authority for the city to inspect the same, or any goods in his or her possession, during the ordinary hours of business;

(3) Reports any material falsely to the law enforcement authority for the city;

(4) Fails before close of business on the first day of the week to furnish the law enforcement authority for the city with a full, true and correct transcript of the record of all transactions had during the past business week;

(5) Fails to report forthwith to the law enforcement authority for the city that possession of any property which he or she may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when received, and the name of the person from whom the same was received;

(6) Removes or allows to be removed from his or her place of business except upon redemption by the owner thereof, any property received within five years after receipt thereof has been reported to the law enforcement authority for the city;

(7) Receives any property from any person which he or she has good cause to believe is lost or stolen;

(8) Refuses to return property which has been identified as stolen or pawned without authorization, to any person the pawnbroker, a clerk or employee knows to be the rightful owner, or to charge a fee for the return of such property to the rightful owner;

(9) Violates any provision of this article by an act of either omission or commission. (Ord. No. 90-57, § 15(A), 5-1-90; Ord. No. 03-440, § 3, 3-18-03)

9-208 Civil penalty.

In addition to any other penalty provided in this article or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the city clerk. The city clerk, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed; and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedures specified in FWCC 9-221 through 9-230. (Ord. No. 90-57, § 15(B), 5-1-90)

9-209 – 9-220 Reserved.

Division 2. Administration

9-221 Notification of suspension, revocation, denial or civil penalty.

When the city clerk determines that there is cause for denying, suspending or revoking any license issued pursuant to this article, or assessing a civil penalty, the city clerk shall notify the person holding such license by personal service or registered or certified mail, return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the denial, suspension, revocation or penalty assessment. The civil penalty shall be due and the denial, suspension or revocation shall become effective 10 days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the city clerk for a hearing before the hearing examiner within such 10-day period. (Ord. No. 90-57, § 4(A), 5-1-90)

9-222 Authority of hearing examiner.

The city hearing examiner is designated to hear appeals by parties aggrieved by actions of the city clerk in suspending, revoking or denying a license or assessing a civil penalty pursuant to this article. The hearing examiner may adopt reasonable rules or regulations for conducting its business. Copies of such rules and regulations shall be delivered to the city clerk who shall make them freely accessible to the public. All decisions and findings of the hearing examiner shall be rendered to the appellant in writing with a copy to the city clerk. (Ord. No. 90-57, § 4(B), 5-1-90)

9-223 Notice of appeal.

Any person falling under the provisions of this article may appeal from any notice of suspension, denial or revocation or civil penalty assessment by filing with the city clerk within 10 days from the date the notice is delivered or deemed received, a written appeal containing:

(1) A heading in the words: “Before the Hearing Examiner for the city of Federal Way”;

(2) A caption reading: “Appeal of ____” giving the names of all appellants participating in the appeal;

(3) A brief statement setting forth the legal interest of each of the appellants participating in the appeal;

(4) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(5) A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

(6) The signatures of all parties named as appellants, and their official mailing addresses; and

(7) The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal. (Ord. No. 90-57, § 4(C), 5-1-90)

9-224 Date, time, place for hearing.

As soon as practicable after receiving the written appeal, the hearing examiner shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the city clerk. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the hearing examiner’s office either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. (Ord. No. 90-57, § 4(D), 5-1-90)

9-225 Rights of appellant.

At the hearing the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the action of the city clerk. (Ord. No. 90-57, § 4(E), 5-1-90)

9-226 Scope of matters considered in appeal.

Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal. (Ord. No. 90-57, § 4(F), 5-1-90)

9-227 Waiver of right to appeal.

Failure of any person to file an appeal in accordance with the provisions of this division shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, or any portion thereof. (Ord. No. 90-57, § 4(G), 5-1-90)

9-228 Stay of enforcement.

Enforcement of any notice and order of the city clerk shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. No. 90-57, § 4(H), 5-1-90)

9-229 Action after hearing.

Upon completion of the hearing, the hearing examiner shall:

(1) Accept the recommendation as presented;

(2) Deny the recommended action; or

(3) Modify the recommended action. (Ord. No. 90-57, § 4(I), 5-1-90)

9-230 Appeal from hearing examiner.

An appeal from a decision of the hearing examiner shall be to the county superior court and shall be served and filed within 30 days of the decision of the hearing examiner. In the event the applicant or license holder does not follow the procedures within the time periods set forth in this division, the action of the hearing examiner shall be final. (Ord. No. 90-57, § 4(J), 5-1-90)

9-231 – 9-240 Reserved.

Division 3. License

9-241 Required.

It is unlawful for any person to engage in the business of pawnbroker or secondhand dealer without first obtaining a license pursuant to the provisions of this article. (Ord. No. 90-57, § 2, 5-1-90)

9-242 Application.

(a) All applications for issuance or renewal of a pawnbroker’s or secondhand dealer’s license shall be filed with the city clerk on forms furnished for such purpose, and shall be accompanied by the required fee.

(b) The application shall state the true name of the applicant, who shall be not less than 18 years of age, the names, addresses and telephone numbers of all persons having financial, proprietary or other interest in such pawnshop or secondhand shop, a list of any criminal convictions for such persons during the past 10 years, together with such other information as the city clerk deems appropriate. (Ord. No. 90-57, § 3(A), 5-1-90)

9-243 Background investigation.

The city clerk shall refer the application to the law enforcement authority for the city which shall determine the accuracy of the information cont