|
|
Chapter 10.08
Offenses Against Public HealthSections:
Article I. In General
10.08.010 Litter and Rubbish.
10.08.020 Public Disturbance Noise.
10.08.030 Nuisance.
10.08.040 Fire Hazard from Vegetation and Debris.
10.08.050 Selling or Giving Tobacco to Minor – Belief of Representative Capacity, No Defense – Penalty.
10.08.055 Purchase, Possession of Tobacco by Minor.
10.08.060 Sale of Phosphorus Products.
Article II. Adult Arcades
10.08.070 Findings.
10.08.080 Purpose.
10.08.085 Bail Jumping.
10.08.090 Definitions.
10.08.100 Interior Configuration and Operation.
10.08.110 Duties, Standards of Conduct and Operational Requirements.
10.08.111 Adult Arcade Premise License Required.
10.08.112 Littering Prohibited – Penalties – Litter Cleanup Restitution Payment.
10.08.113 Adult Arcade Manager’s License Required.
10.08.114 Adult Arcade Device License Required.
10.08.115 License Fees – Term – Assignment – Renewals.
10.08.116 Licensing – Compliance with Other City Ordinances.
10.08.117 Inspections.
10.08.118 Issuance of License.
10.08.119 Expiration of License.
10.08.1191 Application Approval or Denial – Appeal.
10.08.11910 Continuation of Business While Licensing Administrator and Hearing Examiner Decision Pending.
10.08.1192 Suspension of Licenses.
10.08.1193 Revocation of Licenses.
10.08.1194 Procedure for Suspension or Revocation.
10.08.1195 Transfer of License.
10.08.1196 Denial Review.
10.08.1197 Notices.
10.08.120 Civil Remedies.
10.08.130 Criminal Penalties.
10.08.140 Code Violations and Enforcement.
10.08.150 Conflicting Sections or Provisions.
10.08.160 Timeframe for Compliance of Nonconforming Adult Arcade Devices or Premises.
10.08.170 Ordinance Not Intended Towards Particular Group or Class.
10.08.180 Severability Clause.
Article III. Adult Retail Use Establishments
10.08.190 Adult Retail Use and Adult Entertainment Establishments.
10.08.195 Adult Retail Use Establishment and Adult Entertainment Establishment – Operating in Prohibited Area.
Article IV. Liquor
10.08.200 Opening or Consuming Liquor in Public Place – Penalty.
10.08.210 Furnishing Liquor to Minors – Possession, Use – Exhibition of Effects – Exceptions.
10.08.220 Minor Purchasing or Attempting to Purchase Liquor.
10.08.230 Minor Purchasing or Attempting to Purchase Liquor – Penalty against Persons between Ages of Eighteen and Twenty, Inclusive.
10.08.240 Sales of Liquor to Minors a Violation.
10.08.242 Unlawful Transfer to a Minor of an Identification of Age.
10.08.244 Unlawful Acts Relating to Card of Identification and Certification Card – Penalties.
10.08.246 Liquor Purchase by Persons Apparently Under Influence.
10.08.248 Keg Registration.
10.08.250 General Penalties – Jurisdiction for Violations.
10.08.260 Leaving Children Unattended in Parked Automobile.
10.08.270 Alcohol Impact Areas.
Article V. Inhaling Toxic Fumes
10.08.300 Definition.
10.08.310 Unlawful Inhalation – Exception.
10.08.320 Possession of Certain Substances Prohibited – When.
10.08.330 Sale of Certain Substances Prohibited – When.
10.08.340 Penalty.
Article I. In General
10.08.010 Litter and Rubbish.
A. The term “litter” as used in this section means and includes refuse, rubbish, garbage, discarded items, and all waste material of every kind and description.
1. No person may place, throw, deposit or otherwise dispose of litter in any public place, public park, or in the waters within the city limits, except in accordance with the regulations of the solid waste management department.
2. No person may place or deposit litter on the private property of another without the property owner’s permission.
3. No person may place litter accumulated on private property, or burning or smoldering materials, or dead animals, in any receptacle provided by the City for litter disposal; or remove or disturb the contents of any such receptacle except as authorized by the City.
4. No person may place or deposit any litter or any other thing into any garbage can, dumpster, or other receptacle located on the property of another, except such containers or receptacles placed in an area open to the public and designated for deposit of litter by the public.
B. No owner or occupant of private property may deposit or accumulate, or permit the deposit or accumulation of, litter upon such private property. This subsection does not prohibit the storage of garbage or rubbish in public or private litter receptacles, or in garbage cans or in securely tied bundles, when such storage meets the requirements of the solid waste management department.
C. No owner or occupant of abutting property may allow the accumulation of litter on sidewalks or planting strips, whether or not such litter is deposited by such owner or occupant.
D. The existence among any articles deposited in violation of this section of more than two items which identify a particular person creates a rebuttable presumption that the person so identified is responsible for the unlawful deposit.
E. A violation of this section is a:
1. class 3 civil infraction when a person litters in an amount less than or equal to one cubic foot,
2. class 1 civil infraction when a person litters in an amount greater than one cubic foot, or
3. class 1 civil infraction for which the maximum penalty and default amount in five hundred dollars when a person discards a cigarette, cigar, or other tobacco product capable of being lit. (RCW 70.93.060)
[Ord. C32021; Passed: 11/10/1997]
Cross Reference: SMC ch. 13.01; SMC 16.61.655.
10.08.020 Public Disturbance Noise.
A. Purpose. The purpose of this section is to control the level of noise in a manner which promotes the public health, safety and welfare; the use, value, and enjoyment of property; the quality of the environment; commerce; and sleep and repose. The City of Spokane declares that “public disturbance noise,” as defined by this section, is a public nuisance.
B. Definition. A “public disturbance noise” means: a noise a person causes or permits, which originates from the real or personal property of any person, while the person is in possession or control of such property; and which noise unreasonably disturbs or interferes with the peace, comfort and repose of a reasonable person of ordinary sensitivities, including owners or possessors of real property. Unless otherwise specified, the public disturbance noise provisions of this section are applicable twenty-four hours a day.
C. Public Disturbance Noise. It is unlawful for any person to cause or permit, or for any person in possession or control of real or personal property to allow to originate from such property, sound that is a public disturbance noise.
D. A “public disturbance noise” includes, but is not limited to, the following sounds that unreasonably disturb or interfere with the peace, comfort and repose of a reasonable person of ordinary sensitivities:
1. The frequent, repetitive and/or continuous sounding of any horn, siren or alarm attached to a motor vehicle, except when used as a warning of danger or as specifically permitted or required by law;
2. The creation of frequent, repetitive and/or continuous sounds in connection with the starting, operation, repair, rebuilding and/or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential zone;
3. The frequent, repetitive and/or continuous yelling, shouting, whistling, singing or other vocal noises on or near the public streets, between the hours of 10:00 p.m. and 7:00 a.m.;
4. The creation of frequent, repetitive and/or continuous sounds which emanate from real or personal property, such as sounds from audio equipment, video equipment, musical instruments, band sessions and/or social gatherings, which are audible at a distance greater than fifty feet from the source of such sounds at any time;
5. The creation of frequent, repetitive and/or continuous sounds which emanate from, are caused by or are associated with the operation of construction equipment, between the hours of 10:00 p.m. and 6:00 a.m.;
6. Sound caused by operating or playing, or permitting the operating or playing, of motor vehicle audio equipment such as tape players, radios, and compact disc players, whether portable or stationary or mounted on or within a motor vehicle, operated at a volume so as to be audible at a distance greater than fifty feet from the motor vehicle itself; and/or
7. Sounds caused by the use of fireworks or other blasting devices without the appropriate permits.
E. Noises, including those that constitute public disturbance noises under subsection (B) and/or (D) of this section, also constitute a public disturbance noise if the decibel level caused by the noise exceeds those levels established in WAC 173-60-040 and if the noises are not exempt under WAC 173-60-050. For purposes of the regulation of public disturbance noises, the environmental designation for noise abatement (EDNA) is as follows; residential zones, commercial zones and industrial zones are designated as Class A EDNA, Class B EDNA and Class C EDNA, respectively. Areas with multiple zoning or mixed-use classifications are designated with the less restrictive zoning designation with industrial use being the less restrictive and residential use being the more restrictive. Decibel levels will be taken from the complaining party’s property or, if there is no complaining party, from the public right-of-way closest to the source of the noise.
F. Penalty. A violation of subsection (B), (D), or (E) of this section is a misdemeanor, the maximum penalty for which shall be ninety days in jail or a fine of $1,000, or both such fine and imprisonment. Upon the first conviction, the court shall impose a minimum mandatory fine of $500, of which $250 shall not be suspended or deferred. Upon a subsequent conviction, the court shall impose a minimum mandatory fine of $700, of which $400 shall not be suspended or deferred. Mandated minimums shall include statutory costs and assessments.
G. Exemptions. The following sounds are exempt from the provisions of this chapter:
1. Sounds caused or created pursuant to an approved special events permit issued under SMC chapter 10.39, or activities authorized by any permit issued by the City of Spokane, so long as:
a. The sounds are inherent in the specific activities described in the application for such permit;
b. The sounds are caused or created at the location described in the application for such permit;
c. The sounds are caused or created during the time periods described in the application for such permit; and
d. The sounds are within the sound levels described in the application for such permit, or are at sound levels consistent with those inherent in the specific activities described in the application for such permit.
2. Sounds created by the official operation of public safety emergency equipment.
3. Yelling, shouting, whistling, singing or other vocal noises and/or sounds specifically related to other expressive conduct caused or created as an expression of, and as central to, a specific constitutionally protected message which the person creating such vocal noise of sound is attempting to deliver to some other person or persons.
H. Variance. A person may request a variance from compliance with this chapter by making an application with the director of public works and utilities at least five days before the time period for the variance is to take effect. The applicant shall explain the nature of the noise, the source of the noise, the duration for which the noise shall be created, the time period for which the variance will be required, the reason why the noise violation cannot be avoided and the mitigating conditions the applicant will implement to minimize the noise level violations. The director, after informing the affected City departments, may issue a variance from this chapter if he or she determines that the noise level violations cannot be avoided, will exist for a specific period of time and have been mitigated to the greatest extent reasonably possible. The director shall issue a written decision indicating the time period and location restrictions for the variance. The person obtaining such written variance must have the written variance posted in a viewable area or on their person when such variance takes place.
A decision of the director of public works and utilities regarding a request for a variance may be appealed to the hearing examiner within ten days of the director’s written decision.
I. Affirmative Defense. It is an affirmative defense to a charge of a violation of this section that:
1. The noise at issue was created and/or caused during a period, at a location and at volume levels pursuant to the terms of a variance granted in accordance with the terms of subsection (G) of this section; or
2. The sounds at issue were caused or created pursuant to an approved special events permit issued under SMC chapter 10.39, or activities authorized by any permit issued by the City of Spokane, so long as:
a. The sounds are inherent in the specific activities described in the application for such permit;
b. The sounds are caused or created at the location described in the application for such permit;
c. The sounds are caused or created during the time periods described in the application for such permit; and
d. The sounds are within the sound levels described in the application for such permit, or are at sound levels consistent with those inherent in the specific activities described in the application for such permit.
3. The yelling, shouting, whistling, singing or other vocal noises, and/or other sounds at issue, were specifically related to expressive conduct caused or created as an expression of, and as central to, a specific constitutionally protected message which the person creating such vocal noises or other sound was attempting to deliver to some third person or persons.
J. Severability. If any provision of this section, or its application to any person or circumstances is held invalid, the remainder of this section or the application of the provisions to other persons or circumstances is not affected.
[Ord. C33130 § 1; Passed: 1/27/2003]
10.08.030 Nuisance.
A. No person may do an act, omit to act, engage in a course of activity, or create or maintain a condition which unreasonably:
1. interferes with the comfort, solitude, health, or safety of others; or
2. offends common decency; or
3. offends common sensibilities and senses by way of extreme noise, light, or odor; or
4. obstructs or renders hazardous for public passage any public way or place; or
5. pollutes or renders less usable any watercourse or water body.
B. No person may maintain upon any land:
1. a refrigerator, freezer, or other insulated container within which a child could suffocate;
2. a pit, excavation, swimming pool, well, or other uncovered hole into which a person could fall;
3. lumber, metal, plastic, paper, cardboard, or other scrap material deposited in such place and manner as to constitute a hazardous attraction to children;
4. unused or junk vehicle or machinery or parts unless enclosed and secured as required by law for wrecking yards, or junk yards; or
5. an abandoned or vacant building, structure or part thereof not securely closed to entry.
C. No person may maintain upon any land:
1. any toxic, radioactive, caustic, explosive, malodorous, or septic substances, such as putrescent animal, fish, or fowl parts, animal or vegetable waste matter, excrement, and any material likely to attract or breed flies or rats, unless kept in proper receptacles as provided by the health and refuse laws;
2. any structure, collection of wood, cloth, paper, plastic, or glass material, vegetation, or flammable substances kept in such manner as to create a substantial risk of combustion or spread of fire;
3. any condition which has been finally determined by the planning services director or hearing examiner to be a violation as provided in article 6 of SMC chapter 11.191.
[Ord. C30834; Passed: 5/24/1993]
10.08.040 Fire Hazard from Vegetation and Debris.
A. Owners and occupants of property within the city must remove or destroy all grass, weeds, shrubs, bushes, trees and vegetation growing or which has grown and died and all debris which are a fire hazard or a menace to the public health, safety, or welfare.
B. In considering whether such condition is to be declared a nuisance, the fire official, code enforcement officer, or other authorized officer considers if:
1. The situation is present during the dry season, May 1st through November 30th;
2. Lack of rain for ten continuous days has negatively affected soil moisture content;
3. The average air temperature has been above seventy degrees Fahrenheit for ten continuous days;
4. The length of the grass or other vegetative material, whether standing or matted, is ten inches or more; and
5. The vegetation is within ten feet of a combustible fence or other structure.
C. The City may cause the removal or destruction of such vegetation and debris in accordance with the procedures of SMC 10.20.020, by notice of violation and, as appropriate in each case:
1. a criminal citation and warrant of abatement as provided in SMC 10.20.020(A); or
2. direct action by City forces or contract, the cost of which will be billed to the owners of the property or as a utility service to the property.
D. For large parcels of land, exceeding ten thousand square feet, abatement may be by a fuel break of at least ten feet adjacent to any abutting property.
[Ord. C32929 § 1; Passed: 10/15/2001]
10.08.050 Selling or Giving Tobacco to Minor – Belief of Representative Capacity, No Defense – Penalty.
Every person who sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another. (RCW 26.28.080)
[Ord. C32021 § 36; Passed: 11/10/1997]
Cross Reference: Juvenile courts and juvenile offenders: RCW title 13, Minors, access to tobacco, role of liquor control board: RCW ch. 70.155.
10.08.055 Purchase, Possession of Tobacco by Minor.
A. A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under SMC chapter 1.05 and is subject to a fine as set out in SMC chapter 1.05 or participation in up to four hours of community service, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.
B. The Spokane municipal court has jurisdiction for enforcement of this section. (RCW 70.155.080; chapter 133, Laws of 1998)
[Ord. C32197; Passed: 6/15/1998]
10.08.060 Sale of Phosphorus Products.
A. No person may sell, offer or expose for sale, or distribute, whether at wholesale or retail, and whether for commercial or personal and domestic use, any laundry cleaning product containing phosphorus in excess of a trace quantity.
B. “Laundry cleaning product” means any product, including but not limited to, soap, detergent, laundry bleach and laundry additive, used for the purpose of cleaning laundry.
C. “Phosphorus” means elemental phosphorus.
D. “Trace quantity” means an incidental amount of phosphorus which is not part of the product formulation and is present only as a consequence of manufacturing, and which does not exceed five tenths of one percent of the content of the product by weight, expressed as elemental phosphorus.
[Ord. C29578; Passed: 1/15/1990]
Article II. Adult Arcades
10.08.070 Findings.
A. Based upon a wide range of evidence presented to the Spokane city council and to other jurisdictions, including but not limited to the testimony of law enforcement officers and members of the public, and on other evidence, information, publications, articles, studies, documents, case law and materials submitted to and reviewed by the city council and staff, the councils of other cities within the region and in other jurisdictions, nonprofit organizations and other legislative bodies, the city council finds that the commercial offering of adult entertainment establishments containing adult arcade devices is a use which, although afforded some constitutional protection, often creates or enhances undesirable secondary effects, which include a wide range of criminal and other unlawful activities that have regularly and historically occurred, including prostitution, narcotics and liquor law violations, breaches of the peace, assaults and sexual conduct and other criminal activity involving contact between patrons and between entertainers and patrons, some of whom have been minors; and
B. Based upon the specific experiences of Spokane and the adult entertainment establishments containing adult arcade devices currently located within the City of Spokane, the city attorney has advised that the ordinance codified in this chapter1 be enacted; and
C. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the adverse secondary effects of adult entertainment establishments containing adult arcade devices; and
D. The city council, therefore, finds that the protection and the preservation of public health, safety and welfare requires establishment of this chapter.
[Ord. C30808; Passed: 6/7/1993]
10.08.080 Purpose.
This chapter1 is intended to protect the general public health, safety and welfare of the citizenry of the City of Spokane through the regulation of the operations of adult arcade devices and premises. The regulations set forth herein are intended to prevent health problems, safety problems and the decline in neighborhood conditions in and around adult arcade premises and to prevent dangerous and unlawful conduct in and around adult arcade premises.
[Ord. C30808; Passed: 6/7/1993]
10.08.085 Bail Jumping.
A. Any person having been released by court order or admitted to bail with knowledge of the requirement of a subsequent personal appearance before any court of this state, or of the requirement to report to a correctional facility for service of sentence, and who fails to appear or who fails to surrender for service of sentence as required is guilty of bail jumping.
B. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.
C. Bail jumping is a misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.
[Ord. C33036 § 5; Passed: 6/10/2002]
10.08.090 Definitions.
A. “Adult arcade” or “adult arcade premises” means any premises on which any adult arcade device is located and to which patrons, customers and/or members of the public are admitted.
B. “Adult arcade device,” sometimes also known as “panoram,” “preview,” “picture arcade,” or “peep show,” means any device which, for payment of a fee, membership fee, or other charge, is used to exhibit or display a picture, view, film, videotape, live show, or other graphic display of “specified anatomical areas.” All such devices are denominated under this chapter by the term “adult arcade device.” The term “adult arcade device” as used in this chapter does not include games which employ pictures, views, or video displays, or gambling devices regulated by the state or by other provisions of the Spokane Municipal Code.
C. “Adult arcade manager” means any person who manages, operates, directs, administers, or is in charge of the affairs and/or the conduct of any adult arcade premises.
D. “Adult arcade owner” means any person who owns and/or has a substantial ownership interest in the business.
E. “Adult arcade station” or “booth” means such an enclosure where a patron, member, or customer would ordinarily be positioned while using an adult arcade device or viewing a live show. “Adult arcade station” or “booth” also refers to the area in which an adult arcade device is located and from which the adult arcade picture, view, live show, or graphic display is to be viewed. The words “adult arcade station” or “booth” do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending the tasks of his or her employment, which enclosure is not held out to the patron, member, or the public for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device or live show, and not open to any person other than employees.
F. “License” or “licensee” is meant to include the words “permit” or “permittee” and means the privilege or the holder of any privilege, respectively, under this chapter or other law or ordinance.
G. “Licensing administrator” means the assistant director of the City’s code enforcement office.
H. The words “open to an adjacent public room so that the area inside is visible to persons in the adjacent public room” mean that there may be no door, curtain, partition, or other device extending from the floor to the top of the door frame with the exception of a door which is completely transparent and constructed of safety glass as specified in the Uniform Building Code, section 2406, so that the activity and occupant inside the enclosure may be clearly and easily viewed or seen by persons outside the enclosure from any point in the adjacent public room.
I. “Person” is meant to include an individual, a natural person, a proprietorship, a partnership, a joint venture, a society, an association, a club, a trustee, a trust, or a corporation.
J. “Premises” is meant to include the land, structures, places, the equipment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any business.
K. “Specified anatomical areas” means:
1. human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, when such areas are less than completely and opaquely covered;
2. human male genitals in a discernibly turgid state, even if completely and opaquely covered.
L. “Specified sexual activities” means:
1. human genitals in a state of sexual stimulation or arousal;
2. acts of human masturbation, sexual intercourse, or sodomy;
3. fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
[Ord. C31010; Passed: 12/20/1993]
10.08.100 Interior Configuration and Operation.
All owners of adult arcade premises must ensure that the premises comply with the criteria set out in subsections (A) through (D) of this section.
A. Premises. Restrooms may not contain video reproduction equipment.
B. Steps/Risers. No steps or risers are allowed in any adult arcade booth or station.
C. Ventilation and Other Holes. All ventilation devices between adult arcade booths must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. There may not be any other holes or openings between the booths.
D. Adult Arcade Booth or Station. All adult arcade stations or booths must be open to an adjacent public room so that the area inside is visible by direct line of sight to persons in the adjacent public room. No adult arcade station, booth, or viewing area may be obscured by any curtain, door, wall, or other nontransparent enclosure.
[Ord. C30808; Passed: 6/7/1993]
10.08.110 Duties, Standards of Conduct and Operational Requirements.
It is the continuing duty of the owner, manager, operator, agent and employee present in the premises to ensure compliance with subsections (A) through (J) of this section.
A. There must be at least one employee on duty and situated in the public room adjacent to the adult arcade stations or booths at all times that any patron, member, or customer is present inside the premises.
B. There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult arcade premises a sign stating substantially the following: “Occupancy of any station or booth is at all times limited to one person. There may be no acts of lewd conduct (as defined in SMC 10.06.020) in the stations or booths or on the premises. Violators are subject to criminal prosecution under SMC 10.06.020.” Each sign must be conspicuously posted and not screened from the patron’s view. The letters and numerals must be on a contrasting background and be no smaller than three-quarters inch in height.
C. The premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons, members, or customers are permitted access at an illumination of not less than ten foot-candles as measured at the floor level at all times while patrons, members, or customers are permitted within the premises.
D. Doors to areas on the premises which are available for use by persons other than the owner, manager, operator, or their agents or employees may not be locked during business hours.
E. The unobstructed view into the adult arcade booths or stations from the adjacent public room by direct line of sight must remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times.
F. No patron, member, or customer may be permitted access to any area of the premises which has been designated as an area in which patrons, members, or customers will not be permitted.
G. No adult arcade booth or station may be occupied by more than one person at any time.
H. There may be no acts of lewd conduct as defined in SMC 10.06.020 in the adult arcade stations or booths or on the premises.
I. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of patrons, members, customers, or any other persons occupying adult arcade stations or booths located on the premises that police officers or city health, fire, licensing, or building inspectors are approaching or have entered the premises.
J. No person under the age of eighteen years of age may be on or within an adult arcade premises whether as a patron, member, customer, agent, employee, or independent contractor.
[Ord. C30808; Passed: 6/7/1993]
10.08.111 Adult Arcade Premise License Required.
A. It is unlawful to display, exhibit, expose or maintain upon any premise to which members of the public are admitted any adult arcade device without a valid and current license for such premises, to be designated an “adult arcade premise license.”
B. A separate license is required for each adult arcade premise and the same shall at all times be conspicuously posted and maintained therein.
C. The licensing administrator shall prescribe the form of such license, number the same, and shall indicate thereon the number of adult arcade devices which may be operated thereunder, and the location at which the adult arcade premise licenses must be displayed.
D. An application for an adult arcade premise license must be made on a form provided by the licensing administrator. The application shall be accompanied by a sketch or diagram of the premises showing a plan or configuration thereof, including a statement of total floor space occupied by the business which is in compliance with SMC 10.08.100(A) through (D), Interior Configurations and Operation. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
E. The diagram or sketch must specify the configuration of the interior of the business, including but not limited to, the location of all adult arcade devices, the location of all overhead lighting fixtures and designate any portion of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. The license administrator or the administrator’s designee may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
F. No alteration in the configuration of the interior of the adult arcade premises may be made without the prior approval of the licensing administrator or the administrator’s designee.
G. The applicant must be qualified according to the provisions of this chapter.
[Ord. C31010; Passed: 12/20/1993]
10.08.112 Littering Prohibited – Penalties – Litter Cleanup Restitution Payment.
A. It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:
1. when the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;
2. into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters.
B. Penalties.
1. Except as provided in subsection (B)(4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.
2. It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.
3. It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.
4. If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 and SMC 16.55.230 govern the vehicle’s removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.
C. Reserved.
D. It is a class 1 civil infraction as provided in RCW 7.80.120 and SMC 10.08.010 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.
[Ord. C32924 § 2; Passed: 10/22/2001]
10.08.113 Adult Arcade Manager’s License Required.
A. A manager shall be on the premises of an adult arcade premise at all times that the adult arcade premise is open for business. No person shall work as a manager at an adult arcade premise without first having obtained a manager’s license pursuant to this chapter.
B. Any person seeking an adult arcade manager’s license shall file a written application with the licensing administrator on a form provided by the administrator for that purpose. All applications for an adult arcade manager’s license shall be submitted in the name of the person proposing to work at the business as a manager and shall be signed by such person and notarized or certified as true under penalty of perjury. All application forms shall require the following information:
1. the name, home address, home telephone number, date and place of birth and social security number of the applicant;
2. the business name, address and telephone number of the establishment;
3. the name, address and telephone number of the owner of the property on which the adult arcade manager will be working.
C. Adult arcade manager’s licenses shall be issued for individual managers only and shall not be transferable to other individuals or other premises.
D. When a manager is on duty, he/she shall have his/her license conspicuously displayed at the same location as the premise license as designated by the licensing administrator.
[Ord. C31010; Passed: 12/20/1993]
10.08.114 Adult Arcade Device License Required.
A. It is unlawful to exhibit or display for public use any adult arcade device upon any premise without first having obtained a license for each such device, to be designated an “adult arcade device license.”
B. Adult arcade device licenses shall be issued for specific adult arcade premises only and shall not be transferable.
C. The current adult arcade device license for each device shall be securely attached to such device in a conspicuous place.
D. Any person seeking an adult arcade device license shall file a written application with the licensing administrator on a form provided by the administrator for that purpose. All applications for an adult arcade device license shall be submitted in the name of the person or entity proposing to operate or own the devices and shall be signed by such person and notarized or certified as true under penalty of perjury. All application forms shall require the following information:
1. the name, home address, home telephone number, date and place of birth, and social security number (if the applicant is an individual) of the applicant;
2. the business name, address and telephone number of the establishment;
3. if a person who wishes to operate an adult arcade device is an individual, that person must sign the application for the license as applicant;
4. the name, address and telephone number of the owner of the property on which the adult arcade devices are to be located.
[Ord. C31261; Passed: 12/5/1994]
10.08.115 License Fees – Term – Assignment – Renewals.
A. The license year shall be from January 31st to January 30th of the following year. All licenses shall expire on the thirty-first day of January each year. Except as hereinafter provided, all license fees shall be payable on an annual basis and shall not be refundable. Annual license fees shall be as follows: adult arcade premise license, five hundred dollars; adult arcade device license, fifty dollars for each device; adult arcade manager’s license, thirty dollars.
B. License fees shall not be prorated, except that if the original application for license is made subsequent to June 30th in any year, the license fee for the remainder of that year shall be one-half of the annual license fee. Licenses issued under this chapter may not be assigned or transferred to other operators, managers, premises, or devices.
C. Applications for renewal of licenses issued under this chapter shall be filed with the licensing administrator on or before the expiration date provided for in this section in the same manner as the original application providing the administrator with current information and accompanied by payment of the same fees as are in effect for an original application for any license.
[Ord. C31261; Passed: 12/5/1994]
10.08.116 Licensing – Compliance with Other City Ordinances.
All other City approvals and license issuance other than those specifically set forth herein are separate from the licensing process set forth in this chapter. The granting of any license or the providing of any approval pursuant to this chapter shall not be deemed to be an approval of any City license or approval not specifically set forth in this chapter.
[Ord. C31010; Passed: 12/20/1993]
10.08.117 Inspections.
A. Prior to the issuance of a license the applicant must be qualified according to the provisions of this chapter and the premises and devices must be inspected and found to be in compliance with the law by the license administrator or his/her designee.
B. Licensees operating premises, devices and/or holding manager’s licenses under this chapter shall hold those areas upon the premises which are accessible to the public and the devices therein open for routine regulatory inspections by licensing personnel during business hours to ensure compliance with the requirements of this chapter. This section shall not restrict or limit the right of entry vested in any law enforcement agency, health department or the fire department.
[Ord. C31010; Passed: 12/20/1993]
10.08.118 Issuance of License.
A. The licensing administrator shall approve the issuance of a license to an applicant after receipt of an application unless he/she finds one or more of the following to be true:
1. An applicant is under eighteen years of age.
2. An applicant or an applicant’s spouse is overdue in his/her payment to the City of taxes, fines, or penalties assessed against him/her or imposed upon him/her in relation to an adult entertainment establishment (regardless of whether the entertainment establishment contains adult arcade devices).
3. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
4. An applicant is residing with a person who has been denied a license by the City to operate an adult entertainment establishment (regardless of whether the entertainment establishment contains adult arcade devices) within the preceding twelve months, or residing with a person whose license to operate an adult entertainment establishment (regardless of whether the entertainment establishment contains adult arcade devices) has been revoked within the preceding twelve months.
5. The premises to be used for the adult arcade premises have been found by the health department, fire department, building official, or licensing administrator as not in compliance with applicable laws and ordinances.
6. The license fee required by this chapter1 has not been paid.
7. An application of the proposed adult arcade premises is in violation of or is not in compliance with any of the provisions of this chapter.
B. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult arcade premise.
[Ord. C32118 § 1; Passed: 3/9/1998]
10.08.119 Expiration of License.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal should be made at least thirty days before the expiration date, but the pendency of a renewal application will not delay expiration.
[Ord. C31261; Passed: 12/5/1994]
10.08.1191 Application Approval or Denial – Appeal.
A. The license application shall be approved or disapproved within fifteen working days from the date of filing a completed application which complies with the requirements of this chapter, unless the applicant agrees to an extension of the time period in writing.
B. In the event that the licensing administrator denies a license, the licensing administrator shall within the aforesaid fifteen-day period notify the applicant of the denial, in writing, and the reasons therefor. At any time before the notice is issued, the applicant may request, in writing, that the period for approval or denial be extended for an additional period of not more than ten days in order to make modifications necessary to comply with this chapter.
C. An applicant may appeal the decision of the licensing administrator regarding a denial to the hearing examiner by filing a written notice of appeal within fifteen days after the applicant is given notice of the licensing administrator’s decision. The applicant may within the time for notice of appeal request a hearing by the hearing examiner to be held within ten days of the request. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The licensing administrator or a representative may submit a memorandum in response to the memorandum filed by the applicant on appeal. After reviewing the relevant information the hearing examiner shall decide to uphold or overrule the licensing administrator’s decision. Such decision shall be made within forty-five calendar days after the date on which the hearing examiner receives the notice of appeal. If a timely request for appeal is not filed by the applicant, the order of denial by the licensing administrator shall be final; provided, that the licensing administrator may waive the fifteen-day requirement upon satisfaction that failure to receive notice of the licensing administrator’s denial was beyond the control of the applicant.
D. The applicant may appeal the decision of the hearing examiner by filing a written notice of appeal within thirty days after the applicant is given notice of the hearing examiner’s decision. Said appeal is to a court of law.
[Ord. C31261; Passed: 12/5/1994]
10.08.11910 Continuation of Business While Licensing Administrator and Hearing Examiner Decision Pending.
The decision by the licensing administrator or the hearing examiner to deny the renewal of a license, upholding the denial of a license, suspending or revoking a license, or upholding the suspension or renewal of a license must be stayed during the pendency of an appeal to a court for prompt judicial review pursuant to RCW chapter 7.16.
[Ord. C32311 § 1; Passed: 12/7/1998]
10.08.1192 Suspension of Licenses.
The licensing administrator shall suspend any license issued pursuant to this chapter for a period of time not to exceed thirty days where one or more of the following conditions exist:
A. The license was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the licensing administrator;
B. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this chapter;
C. The licensee or his/her agent or employee has refused to allow an inspection of the premises as authorized by this chapter;
D. The licensee, his/her employee, agent, partner, director, officer or manager, has violated or permitted violation of any provisions of this chapter.
[Ord. C31010; Passed: 12/20/1993]
10.08.1193 Revocation of Licenses.
A. The licensing administrator shall revoke a license if a cause of suspension in SMC 10.08.1192 occurs and the license has been suspended within the preceding twelve months.
B. The licensing administrator shall also revoke a license if he/she determines that:
1. A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
2. A licensee or an employee has knowingly allowed prostitution on the premises;
3. A licensee or an employee has knowingly operated the adult arcade business during a period of time when the licensee’s license was suspended;
4. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the permitted and/or licensed premises;
5. A licensee is delinquent in payment to the City for any taxes or fees;
6. The owner or operator of the adult arcade premises has knowingly allowed a person under eighteen years of age to enter an establishment;
7. There was a change of owner or operator for which a transfer application was not timely filed.
C. When the licensing administrator revokes a license for a violation of subsection (B)(1), (B)(2), (B)(3), (B)(4), or (B)(6) of this section, the revocation shall continue for one year and the licensee shall not be issued a license for adult arcade premises for one year from the date revocation became effective. If, subsequent to revocation, the licensing administrator finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective.
D. For the conviction of the licensee of a crime or offense involving prostitution, promoting prostitution, a liquor law violation or transaction involving controlled substances as defined in RCW chapter 69.50, or a violation of RCW chapter 9.68 or 9.68A committed on the premises, or the conviction of the licensee’s servant, agent or employee of a crime or offense involving prostitution, promoting prostitution, liquor law violations or transactions involving controlled substances as defined in RCW chapter 69.50, or a violation of RCW chapter 6.68A committed on the premises in which his or her adult entertainment establishment is conducted when the licensee knew or should have known of the violations committed by the servant, agent or employee. A license may be suspended or revoked under this subsection only if the conviction occurred within twenty-four months of the date of the decision to suspend or revoke the license.
[Ord. C32311 § 2; Passed: 12/7/1998]
10.08.1194 Procedure for Suspension or Revocation.
The procedure for revoking or suspending a license under this chapter shall be the following:
A. Upon determining that grounds for revocation or suspension exist, the licensing administrator shall notify the licensee of intent to revoke or suspend the license.
B. Said notice shall set forth the grounds for suspension or revocation and schedule a hearing before the hearing examiner. The hearing shall be held not later than ten working days from the date of notice of intent to revoke.
C. The licensee shall be permitted to present evidence in support of his/her position at the hearing.
D. Within fifteen working days after the hearing, the hearing examiner shall notify the licensee in writing of the hearing examiner’s determination and reasons therefor. The hearing examiner’s determination shall become final and a suspension or revocation shall be given immediate effect.
[Ord. C32118 § 4; Passed: 3/9/1998]
10.08.1195 Transfer of License.
A licensee shall not transfer his/her license to another. The licensee shall not operate an adult arcade premise or device under the authority of a license at any place other than the address designated in the application. A licensee holding a manager’s license shall not utilize that license at any place other than the address designated in the application.
[Ord. C31010; Passed: 12/20/1993]
10.08.1196 Denial Review.
After denial of an application, or denial of the renewal of an application, or suspension or revocation of a license by the licensing administrator or hearing examiner, the applicant and/or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The aggrieved party may appeal the decision of the licensing administrator or hearing examiner to a court in this county within thirty days.
[Ord. C31261; Passed: 12/5/1994]
10.08.1197 Notices.
A. Any notice required or permitted to be given by the licensing administrator, hearing examiner, or any other City office, division, department, or other agency under this chapter to any applicant, licensee, operator or owner of an arcade premise or device shall be given, either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or transfer application which has been received by the licensing administrator, or any notice of address change which has been received by the licensing administrator. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the licensing administrator or his/her designee shall cause it be posted at the principal entrance to the establishment.
B. Any notice required or permitted to be given to the licensing administrator or hearing examiner by any person under this chapter shall not be deemed given until and unless it is received in the office of the licensing administrator.
C. It shall be the duty of each owner or operator who is designated on the license application to furnish notice to the licensing administrator in writing of any change of residence or mailing address.
[Ord. C31010; Passed: 12/20/1993]
10.08.120 Civil Remedies.
The violation of or failure to comply with or perform any duty within the provisions of SMC 10.08.100 and 10.08.110 is declared to be unlawful and a public nuisance. The City of Spokane may seek legal or equitable relief to enjoin any act or practice which constitutes or will constitute a violation of any regulation herein adopted.
[Ord. C30808; Passed: 6/7/1993]
10.08.130 Criminal Penalties.
A person having a duty or failing to comply with provisions contained within SMC 10.08.100 and 10.08.110 commits a misdemeanor if the person knowingly fails to fulfill that duty. Each separate day or any portion thereof during which any violation of any provision of this chapter1 occurs or continues is a separate and distinct offense.
[Ord. C30808; Passed: 6/7/1993]
10.08.140 Code Violations and Enforcement.
The remedies provided herein for violations of or failure to comply with provisions of this chapter1, whether civil or criminal, are cumulative and in addition to any other remedy provided by law.
[Ord. C30808; Passed: 6/7/1993]
10.08.150 Conflicting Sections or Provisions.
In the event there is a conflict or inconsistency between the sections and provisions set forth in this chapter1 and those set forth elsewhere in the Spokane Municipal Code, the sections and provisions of this chapter1 govern and supersede those set forth elsewhere.
[Ord. C30808; Passed: 6/7/1993]
10.08.160 Timeframe for Compliance of Nonconforming Adult Arcade Devices or Premises.
Any adult arcade premise lawfully operating on July 7, 1993, that is in violation of the configuration or operational requirements of this chapter is a nonconforming use. The nonconforming use is permitted to continue for a period not to exceed sixty days, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming uses may not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
[Ord. C30808; Passed: 6/7/1993]
10.08.170 Ordinance Not Intended Towards Particular Group or Class.
A. It is the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
B. Nothing contained in this chapter is intended or shall be construed to create or form the basis for any liability on the part of the City or its officers, employees, or agents for any injury or damage:
1. resulting from the failure of any owner, operator, manager, or other person in charge of premises to comply with the provisions of this chapter, or
2. by reason or in consequence of any inspection, notice, order, certificate, permission, or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or
3. by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees, or agents.
[Ord. C31261; Passed: 12/5/1994]
10.08.180 Severability Clause.
If any provision of this chapter1 shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the ordinance codified in this chapter would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this chapter shall not be affected as a result of said part being held unconstitutional.
[Ord. C31010; Passed: 12/20/1993]
Article III. Adult Retail Use Establishments
10.08.190 Adult Retail Use and Adult Entertainment Establishments.
Hours of Operation. An adult retail use establishment or an adult entertainment establishment may not be operated or otherwise open to the public between the hours of two a.m. and ten a.m.
[Ord. C33001 § 5; Passed: 3/18/2002]
10.08.195 Adult Retail Use Establishment and Adult Entertainment Establishment – Operating in Prohibited Area.
An adult retail use establishment or an adult entertainment establishment shall not be operated within the city except for areas specifically zoned to allow such adult retail or entertainment activity pursuant to SMC 11.19.143. Any person failing to comply with the provisions of this section shall be cited with a violation.
[Ord. C33309 § 1; Passed: 9/29/2003]
Article IV. Liquor
10.08.200 Opening or Consuming Liquor in Public Place – Penalty.
Except as permitted by RCW title 66, no person may open the package containing liquor or consume liquor in a public place. Every person who violates any provision of this section is guilty of a class 3 civil infraction under RCW chapter 7.80.
[Ord. C32488 § 2; Passed: 9/13/1999]
Cross Reference: RCW 66.44.100.
10.08.210 Furnishing Liquor to Minors – Possession, Use – Exhibition of Effects – Exceptions.
A. It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, “premises” includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in RCW chapter 9A.20.
1. It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in RCW chapter 9A.20.
2. It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, “exhibiting the effects of having consumed liquor” means that a person has the odor of liquor on his or her breath and either:
a. is in possession of or close proximity to a container that has or recently had liquor in it; or
b. by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (A)(2) of this section does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (C) or (D) of this section.
B. Subsections (A) and (A)(1) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection does not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under RCW chapter 66.24.
C. This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.
D. This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.
E. Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years. (RCW 66.44.270; chapter 4, Laws of 1998)
[Ord. C32197; Passed: 6/15/1998]
10.08.220 Minor Purchasing or Attempting to Purchase Liquor.
Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty of a violation of this title.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 66.44.290.
10.08.230 Minor Purchasing or Attempting to Purchase Liquor – Penalty against Persons between Ages of Eighteen and Twenty, Inclusive.
Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation of SMC 10.08.220 or RCW 66.44.290 is guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 66.44.291.
10.08.240 Sales of Liquor to Minors a Violation.
Every person who shall sell any intoxicating liquor to any minor shall be guilty of a violation of this chapter.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 66.44.320.
10.08.242 Unlawful Transfer to a Minor of an Identification of Age.
Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service; provided, that corroborative testimony of a witness other than the minor shall be a condition precedent to conviction. (RCW 66.44.325)
[Ord. C32021 § 37; Passed: 11/10/1997]
10.08.244 Unlawful Acts Relating to Card of Identification and Certification Card – Penalties.
It shall be unlawful for the owner of a card of identification to transfer the card to any other person for the purpose of aiding such person to procure alcoholic beverages from any licensee or store employee. Any person who shall permit his or her card of identification to be used by another or transfer such card to another for the purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service. Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any false statement on any certification card required by RCW 66.20.190, as now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service. (RCW 66.20.200)
[Ord. C32021 § 38; Passed: 11/10/1997]
10.08.246 Liquor Purchase by Persons Apparently Under Influence.
A. No person shall sell any liquor to any person apparently under the influence of liquor.
1. No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the Washington State Liquor Control Board.
2. A violation of this subsection is an infraction punishable by a fine of not more that five hundred dollars.
3. A defendant’s intoxication may not be used as a defense in an action under this subsection.
4. Reserved.
B. An administrative action for violation of subsection (A) of this section and an infraction issued for violation of subsection (A)(1) of this section arising out of the same incident are separate actions and the outcome of one shall not determine the outcome of the other. (RCW 66.44.200; chapter 259, Laws of 1998)
[Ord. C32197; Passed: 6/15/1998]
10.08.248 Keg Registration.
Except as provided in RCW 66.44.270, a person who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a person under the age of twenty-one years is guilty of a gross misdemeanor punishable under RCW 9.92.020.
[Ord. C32488 § 1; Passed: 9/13/1999]
10.08.250 General Penalties – Jurisdiction for Violations.
A. Every person guilty of a violation of this article for which no penalty has been specifically provided shall be liable, on conviction, for a first offense to a penalty of not more than five hundred dollars, or to imprisonment for not more than two months, or both; for a second offense to imprisonment for not more than six months; and for a third or subsequent offense to imprisonment for not more than one year. If the offender convicted of an offense referred to in this section is a corporation, it shall for a first offense be liable to a penalty of not more than five thousand dollars, and for a second or subsequent offense to a penalty of not more than ten thousand dollars, or to forfeiture of its corporate license, or both.
B. Every district judge and municipal judge shall have concurrent jurisdiction with superior court judges of the state of Washington of all violations of the provisions of this title and may impose any punishment provided therefor.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 66.44.180.
10.08.260 Leaving Children Unattended in Parked Automobile.
Every person having the care and custody, whether temporary or permanent, of minor children under the age of twelve years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises shall be guilty of a gross misdemeanor. (RCW 9.91.060)
[Ord. C32021 § 39; Passed: 11/10/1997]
10.08.270 Alcohol Impact Areas.
The geographical area in the City of Spokane described below is declared to be an alcohol impact area as defined by WAC 314-12-215:
Beginning at the southwest corner of Lot 10, Block 13 of Dennis and Bradley’s Subdivision, said point also being the northeast corner of vacated Dakota Street and Trent Avenue; thence westerly along the north right-of-way of Trent Avenue to the east section line of Section 18, Township 25 North, Range 43 East, W.M. (Division Street centerline), City of Spokane, Spokane County, Washington; thence westerly along the north right-of-way line of Spokane Falls Boulevard to the north right-of-way line of Main Avenue; thence westerly along said north right-of-way line of Spokane Falls Boulevard to said north right-of-way line of Main Avenue; thence westerly along said north right-of-way line of Main Avenue to the northeast corner of Parcel No. 25134.3101, said point also being the northwest corner of Main Avenue and Elm Street; thence southwesterly to the southwest corner of Riverside Avenue and Cannon Street; thence southerly, along the west right-of-way line of Cannon Street to the southwest corner of Cannon Street and Fifth Avenue; thence easterly along the south right-of-way line of Fifth Avenue to the southeast corner of Fifth Avenue and Scott Street; thence northerly along the east right-of-way line of Scott Street to the intersection of the east right-of-way line of Scott Street and the south right-of-way line of Sprague Avenue; thence northerly to the true point of beginning.
The boundaries shall include properties located on both sides of the public right-of-way that constitute the boundaries of the alcohol impact area as further depicted on the map (on file in the office of the city clerk) attached to the ordinance codified in this section.
[Ord. C33138 § 1; Passed: 12/23/2002]
Article V. Inhaling Toxic Fumes
10.08.300 Definition.
As used in this chapter, the phrase “substance containing a solvent having the property of releasing toxic vapors or fumes” shall mean and include any substance containing one or more of the following chemical compounds:
A. Acetone;
B. Amylacetate;
C. Benzol or benzene;
D. Butyl acetate;
E. Butyl alcohol;
F. Carbon tetrachloride;
G. Chloroform;
H. Cyclohexanone;
I. Ethanol or ethyl alcohol;
J. Ethyl acetate;
K. Hexane;
L. Isopropanol or isopropyl alcohol;
M. Isopropyl acetate;
N. Methyl “cellosolve” acetate;
O. Methyl ethyl ketone;
P. Methyl isobutyl ketone;
Q. Toluol or toluene;
R. Trichloroethylene;
S. Tricresyl phosphate;
T. Xylol or xylene; or
U. Any other solvent, material substance, chemical, or combination thereof, having the property of releasing toxic vapors.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9.47A.010.
10.08.310 Unlawful Inhalation – Exception.
It is unlawful for any person to intentionally smell or inhale the fumes of any type of substance as defined in SMC 10.08.300 or RCW 9.47A.010 or to induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes. This section does not apply to the inhalation of any anesthesia for medical or dental purposes.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9.47A.020.
10.08.320 Possession of Certain Substances Prohibited – When.
No person may, for the purpose of violating SMC 10.08.310 or RCW 9.47A.020, use, or possess for the purpose of so using, any substance containing a solvent having the property of releasing toxic vapors or fumes.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9.47A.030.
10.08.330 Sale of Certain Substances Prohibited – When.
No person may sell, offer to sell, deliver, or give to any other person any container of a substance containing a solvent having the property of releasing toxic vapors or fumes, if he has knowledge that the product sold, offered for sale, delivered, or given will be used for the purpose set forth in SMC 10.08.310 or RCW 9.47A.020.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9.47A.040.
10.08.340 Penalty.
Any person who violates SMC 10.08.310 through 10.08.330 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9.47A.050.
Code Publishing Company
|
|
|