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Title 17
LAND DEVELOPMENTChapters:
17.03 Condominium Conversions
17.07 Types of Project Permit Applications
17.09 Type I – IV Project Permit Applications
17.11 Public Notice
17.13 Consistency with Development Regulations and SEPA
17.15 Open Record Public Hearings
17.17 Closed Record Decisions and Appeals
17.19 Regulating Sexually Oriented Businesses (SOB)
Chapter 17.03
CONDOMINIUM CONVERSIONSSections:
17.03.010 Conversion condominium requirements created.
17.03.020 Written inspection report.
17.03.030 Repair of violations.
17.03.040 Warrant of repairs.
17.03.050 Repealed.
17.03.010 Conversion condominium requirements created.
This chapter establishes requirements pertaining to the conversion of apartments to condominiums as set forth in Chapter 64.34 RCW, The Condominium Act. Unless otherwise specified, all terms used herein shall have the same meaning as defined in Chapter 64.34 RCW as now exists or as may hereafter be amended. (Ord. 448 § 2, 2007; Ord. 70 § 1, 1993)
17.03.020 Written inspection report.
(1) The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410 and 64.34.415, a copy of the written inspection report prepared by the City’s Building Official, which report shall list any violations of the construction codes, as adopted by City of Woodinville ordinances or other applicable governmental regulation related to life/safety matters. Costs of the inspection shall be borne by declarant.
(2) Said inspection shall be made within 45 days of the declarant’s written request for the inspection and said report shall be issued within 14 days of said inspection being made.
(3) The Building Official may require a report from a qualified inspection service in lieu of the inspection required above.
(4) A building permit is required to record the transfer of occupancy sub-type and ensure compliance with this chapter. Fees shall be based per building and based on the current fee resolution table established by City Council. (Ord. 448 § 2, 2007; Ord. 70 § 1, 1993)
17.03.030 Repair of violations.
(1) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant:
(a) All violations disclosed in the inspection report, not otherwise waived by the City, shall be repaired with valid building permits; and
(b) A letter of certification shall be obtained from the City stating that such repairs have been made. This certification shall be based on a re-inspection to be made within seven days of the declarant’s written request for the re-inspection and shall be issued within seven days of the re-inspection being made. Costs of the re-inspection shall be borne by declarant at the rates set forth by the City.
(2) Certification by the City shall state that only those defects discovered by the residential inspection have been corrected and that the certification does not guarantee that all relevant code violations have been corrected. No declarant shall use the City’s certification in any advertising, nor shall a declarant indicate or imply to anyone, for the purpose of inducing a person to purchase a condominium unit, that the City has “approved” the premises or any unit for sale. (Ord. 448 § 2, 2007; Ord. 70 § 1, 1993)
17.03.040 Warrant of repairs.
(1) The repairs required to be made under this section shall be warranted by the declarant against defects due to workmanship or materials for a period of one year following the completion of such repairs after building permits have been finalized and the public statement of condition is received by the City and the homeowners association.
(2) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant:
(a) The declarant shall establish and maintain, during the one-year warranty period, an account containing a sum equal to 10 percent of the actual cost of making the repairs.
(b) During the one-year warranty period, the funds in such account shall be used exclusively for paying the actual cost of making repairs required, or for otherwise satisfying claims made, under such warranty.
(c) Following the expiration of the one-year warranty period, any funds remaining in such account shall be disbursed to the declarant.
(d) The declarant shall notify in writing the property association and the City as to the location of such account and any disbursements from it. (Ord. 448 § 2, 2007; Ord. 70 § 1, 1993)
17.03.050 Violations.
Repealed by Ord. 230. (Ord. 70 § 1, 1993)
Chapter 17.07
TYPES OF PROJECT PERMIT APPLICATIONSSections:
17.07.010 Procedures for processing project permits.
17.07.020 Determination of proper procedure type.
17.07.030 Project permit application framework.
17.07.040 Joint public hearings.
17.07.050 Legislative decisions.
17.07.060 Legislative enactments not restricted.
17.07.070 Exemptions from project permit application processing.
17.07.080 Administrative interpretations.
17.07.090 Definitions.
17.07.010 Procedures for processing project permits.
For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II, Type III or Type IV. Legislative decisions are Type V actions, and are addressed in WMC 17.07.050. Exclusions from the requirements of project permit application processing are contained in WMC 17.07.070. (Ord. 143 § 1, 1996)
17.07.020 Determination of proper procedure type.
(1) Determination by Director. The Director of the Community Development Department or his/her designee (hereinafter the “Director”) shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the Director shall resolve it in favor of the higher procedure type number.
(2) Optional Consolidated Permit Processing.
(a) An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. This subsection shall not be construed as authorizing the concurrent processing of a Comprehensive Plan amendment and a site-specific zoning map amendment in contravention of subsection (5) of this section.
(b) SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review:
(i) Projects categorically exempt from SEPA;
(ii) Components of previously completed planned actions, to the extend permitted by law and consistent with the EIS for the planned action.
(3) Decisionmaker(s). Applications processed in accordance with subsection (2) of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decisionmaker(s). The City Council is the highest, followed by the Hearing Examiner or Planning Commission, as applicable, and then the Director. Joint public hearings with other agencies shall be processed according to WMC 17.07.040.
(4) Hearings. Project permits are allowed only one record hearing and one closed record appeal hearing.
(5) Site-Specific Zoning Map Amendments Necessiting a Comprehensive Plan Amendment. A site-specific zoning map amendment that requires a Comprehensive Plan amendment in order to obtain consistency with the Comprehensive Plan pursuant to WMC 21.44.070 may be processed only after the effective date of such Comprehensive Plan amendment. Nothing in this subsection shall alter the designation of any such site-specific zoning map amendment or Comprehensive Plan amendment as Type III and Type V land use actions, respectively, pursuant to WMC 17.07.030. (Ord. 400 § 4, 2005; Ord. 143 § 1, 1996)
17.07.030 Project permit application framework.
ACTION TYPE
PROCEDURE PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE
TYPE I
TYPE II
TYPE III
TYPE IV
TYPE V
Final Decision Made By:
Director
Director
Hearing Examiner
City Council
City Council
Recommendation Made By:
N/A
N/A
N/A
N/A
Planning Commission
Notice of Application:
No
Yes
Yes
No
No
Open Record Public Hearing:
No
Only if appealed, open record hearing before Hearing Examiner
Yes, before Hearing Examiner to render final decision
No
Yes, before Plng. Comm. to make recommendation to Council
Closed Record Appeal/Final Decision:
No
No
Only if appealed, then before Council, unless site-specific zoning map amendments, then before Council on ordinance adoption
Yes, before Council to render final decision
Yes, or Council could hold its own hearing
Judicial Appeal:
Yes
Yes
Yes
Yes
Yes
DECISION
TYPE I
TYPE II
TYPE III
TYPE IV
TYPE V
Boundary Line Adjustments
Home Occupation Permits
Home Industry Permits
Temporary Use Permits
Short Plats
Shoreline Development Permits
Binding Site Plans
Minor Modifications Subdivisions
Administrative Interpretations
Conditional Use Permit
Administrative Approvals
Conditional Use Permits – Hearing Examiner Approval
Shoreline CUPs
Site Specific Zoning Map Amendments
Subdivisions – Preliminary
Special Use Permits
Variances
Major Modifications Subdivisions
Subdivisions Final
Zoning Code Amendments
Development Regulations Amendments
Area-Wide Zoning Map Amendments
Comprehensive Plan Amendments
Annexations
Subdivision Vacations
Development Agreements
(Ord. 448 § 3, 2007; Ord. 390 § 2, 2005; Ord. 164 § 2, 1996; Ord. 143 § 1, 1996)
17.07.040 Joint public hearings.
(1) Director’s Decision to Hold Joint Hearing. The Director may combine any public hearing on a project permit application with any hearing that may be held by another local, State, regional, Federal, or other agency on the proposed action, as long as: (a) the hearing is held within the City limits; and (b) the requirements of subsection (3) below are met.
(2) Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.
(3) Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, State, regional, Federal or other agency and the City, as long as:
(a) The other agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;
(c) The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the City’s hearing; and
(d) The hearing is held within the geographic boundary of the City. (Ord. 143 § 1, 1996)
17.07.050 Legislative decisions.
(1) Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
(a) Zoning Code amendments;
(b) Adoption of development regulations and amendments;
(c) Area-wide Zoning Map amendments to implement new City policies;
(d) Adoption of the Comprehensive Plan and any plan amendments; and
(e) Annexations.
(2) Planning Commission. The Planning Commission shall hold a public hearing and make recommendations to the City Council on the decisions listed in (1) above. The public hearing shall be held in accordance with the requirements of Chapter 17.15 WMC.
(3) City Council. The City Council may consider the Planning Commission’s recommendation in a public hearing held in accordance with the requirements of Chapter 17.15 WMC.
(4) Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in WMC 17.11.030.
(5) Implementation. The City Council’s decision shall become effective five days after publication of a passed ordinance. (Ord. 143 § 1, 1996)
17.07.060 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the City Council to make changes to the City’s Comprehensive Plan, as part of an annual revision process, or to make changes to the City’s development regulations. (Ord. 143 § 1, 1996)
17.07.070 Exemptions from project permit application processing.
(1) Whenever a permit or approval in the Woodinville Municipal Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title:
(a) Landmark designations;
(b) Street vacation;
(c) Street use permits.
(2) Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and the Chapter 14.04 WMC (SEPA), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:
(a) Determination of completeness, WMC 17.09.030(1);
(b) Notice of application, WMC 17.09.040;
(c) Except as provided in RCW 36.70B.140, optional consolidated project permit review processing WMC 17.07.020(2)(a);
(d) Joint public hearings, WMC 17.07.040;
(e) Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing, WMC 17.15.020(3);
(f) Notice of decision, WMC 17.09.060;
(g) Completion of project review within any applicable time periods (including the 120-day per-
mit processing time), WMC 17.09.060(1). (Ord. 143 § 1, 1996)
17.07.080 Administrative interpretations.
Unless otherwise specified and except for other agencies with authority to implement specific provisions of this title, the Planning Director is delegated the authority to issue official interpretations of all development regulations. (Ord. 143 § 1, 1996)
17.07.090 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) Closed Record Appeal Hearing. An administrative appeal on the record following an open record hearing on a project permit application when the appeal is on the record with no new evidence or information allowed to be submitted and only appeal argument allowed.
(2) Director. The Director of Planning and Community Development or his/her designees unless another department or agency is in charge of the project permit in which case it refers to the chief administrative officer of that department or agency.
(3) Open Record Hearing. A hearing, conducted by a single hearing body or officer that creates the record through testimony and submission of evidence and information. An open record hearing may be held prior to a decision on a project permit to be known as an “open record predecision hearing”. An open record hearing may be held on an appeal, to be known as an “open record appeal hearing”, if no open record predecision hearing has been held on the project permit.
(4) Project Permit or Project Permit Application. Any land use or environmental permit or license required from the City for a project action, including but not limited to subdivisions, conditional uses, shoreline substantial development permits, permits or approvals required by critical area ordinances, site-specific rezones authorized by the Comprehensive Plan or a subarea plan, but excluding the adoption or amendment of the Comprehensive Plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
(5) Public Meeting. An informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to a decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting shall be included in the City’s project permit application file. (Ord. 143 § 1, 1996)
Chapter 17.09
TYPE I – IV PROJECT PERMIT APPLICATIONSSections:
17.09.010 Pre-application conference.
17.09.020 Project permit application.
17.09.030 Submission and acceptance of application.
17.09.040 Notice of application.
17.09.050 Referral and review of project permit applications.
17.09.060 Notice of final decision.
17.09.070 Substantial revisions or modifications to proposal.
17.09.010 Pre-application conference.
(1) Applications subject to review pursuant to Chapters 17.07 through 17.17 WMC shall not be accepted by the Director unless the applicant has scheduled and attended a pre-application conference to acquaint the applicant with requirements for a complete application. Pre-application conferences for all other types of applications are optional.
(2) The Director shall establish procedures, reasonable schedules, and staff participation for pre-application conferences.
(3) The discussions at the conference shall not bind or prohibit the City’s future application or enforcement of all applicable law since it is impractical for a pre-application conference to be an exhaustive review of all potential issues. (Ord. 143 § 1, 1996)
17.09.020 Project permit application.
A project permit application is complete when it meets the submittal requirements specified by the Director. An application shall consist of all materials required by the specific application submittal checklist, the applicable development regulations, and shall, at a minimum, include the following general information:
(1) A completed project permit application form signed by the property owner;
(2) The applicant shall attest by written oath to the accuracy and completeness of all information submitted for an application;
(3) A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;
(4) A property and/or legal description of the site for all applications as required by the applicable development regulation;
(5) The application fee;
(6) Evidence of adequate water supply as required by RCW 19.27.097;
(7) Evidence of sewer availability;
(8) Any additional information as required on the specific submittal checklist for each specific application type.
(9) The Director shall have the authority to prepare and revise submittal requirement checklists. (Ord. 143 § 1, 1996)
17.09.030 Submission and acceptance of application.
(1) Determination of Completeness. Within 28 days after receiving a project permit application, the City shall send by certified mail or personally provide a written determination to the applicant which states either: (a) that the application is complete or (b) that the application is incomplete and what is necessary to make the application complete.
(2) Identification of Other Agencies with Jurisdiction. To the extent known by the City, other agencies with jurisdiction over the project permit application shall be identified in the City’s determination required by WMC 17.09.030(1) above.
(3) “Complete” Application/Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in WMC 17.09.020 above, as well as the submission requirements contained in the applicable development regulations. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The City’s determination of completeness shall not preclude the City from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action.
(4) Incomplete Application Procedure.
(a) If the applicant receives a determination from the City that an application is not complete, the applicant shall have 90 days to submit the necessary information to the City. Within 14 days after an applicant has submitted the requested additional information, the City shall make the determination as described in WMC 17.09.030(1) above, and notify the applicant in the same manner.
(b) If the applicant either refuses in writing to submit additional information or does not submit the required information within the 90 day period, the application shall lapse.
(c) In those situations where the application has lapsed because the applicant has failed to submit the required information within the necessary time period, the applicant may request a refund of the unexpended application fee by the City’s determination of completeness.
(5) City’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the City does not provide a written determination to the applicant that the application is incomplete as provided in WMC 17.09.030(1) above.
(6) Date of Acceptance of Application. When the project permit application is complete, the Director shall accept it and note the date of acceptance.
(7) The applicant shall designate a single person or entity to receive determination and notices required by this chapter. The single person or entity shall also be the designee for any contact regarding permit activity. (Ord. 143 § 1, 1996)
17.09.040 Notice of application.
A notice of application shall be issued on all Type II and III project permit applications in accordance with the provisions of WMC 17.11.010 and 17.11.020. To the extent consistent with Chapter 14.04 WMC and Chapter 197-11 WAC, a notice of application may be processed concurrently with a SEPA determination of nonsignificance (DNS) where the optional DNS process pursuant to WAC 197-11-355 is utilized. (Ord. 426 § 2, 2006; Ord. 400 § 5, 2005; Ord. 143 § 1, 1996)
17.09.050 Referral and review of project permit applications.
Within 10 days of accepting a complete application, the Director shall do the following:
(1) Transmit a copy of the application, or appropriate parts of the application, to each affected agency and City departments for review and comment, including those responsible for determining compliance with State and Federal requirements. The affected agencies and City departments shall have 15 days to comment. The referral agency or City department is presumed to have no comments if comments are not received within the specified time period. The Director shall grant an extension of time for comment only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days.
(2) If a Type III procedure is required, notice and hearing shall be provided as set forth in WMC 17.11.030 and Chapter 17.15 WMC. (Ord. 143 § 1, 1996)
17.09.060 Notice of final decision.
(1) Time Limits.
(a) The City shall issue a notice of final decision on a project permit application within 120 days after the applicant is notified that the applications is complete.
(b) The City shall exclude the following period from the 120-day requirement:
(i) Any period during which the applicant has been requested by the City to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the City notifies the applicant by certified mail for additional information until the date no more than 14 days after the applicant has submitted the requested information. The City shall determine if the information submitted is sufficient. If the information is not sufficient, this process will began again;
(ii) Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance;
(iii) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed.
(2) Final Notice Distribution. The City shall provide a notice of decision that also includes a statement of any SEPA threshold determination made and the procedures for administrative appeal. The notice shall be provided to the applicant and any person who, prior to the rendering of the decision, requested notice of decision or submitted substantive comments on the application.
(3) The City shall provide a written notice to the applicant if the final decision is not issued within specified time limits. The written notice shall state the reasons why and the estimated date of decision.
(4) Exemptions. The following project permits are exempt from the time limits established in this section:
(a) An amendment to the Comprehensive Plan or development regulation;
(b) Approval of a new fully contained community as provided in RCW 36.70A.350, master planned resort as provided in RCW 36.70A.360, or siting of an essential public facility as provided in RCW 36.70A.200;
(c) Projects that have been substantially revised by the applicant pursuant to WMC 17.09.070;
(d) Exemptions pursuant to WMC 17.07.070(1) and (2);
(e) Any extension of time mutually agreed upon in writing by the applicant and the City. (Ord. 143 § 1, 1996)
17.09.070 Substantial revisions or modifications to proposal.
(1) A revision or modification to the content of an application before or after issuance of the permit, either voluntarily or to conform with applicable standards and requirements, shall be deemed a new application for the purpose of vesting when the revision or modification would result in a substantial increase in a project’s impacts as determined by the Director. In reaching a decision on whether a revision is substantial, the Director may consider the relative and absolute magnitude of the revision; the environmental sensitivity of the site; any changes in location of significant elements of the project and their relationships to public facilities, surrounding lands and land uses; and the review cycle of the proposal.
(2) Written notice of such determination of substantial revision or modification shall be provided to the applicant and all parties of record.
(3) A determination that any revision or modification is substantial shall conform to the time periods set forth in WMC 17.09.060(1). The review cycle for the revised project application shall begin with the date the revised project application is determined to be complete. The revised project application shall be subject to all laws, regulations, and standards in effect on the date of receipt of such complete substantial revision. (Ord. 143 § 1, 1996)
Chapter 17.11
PUBLIC NOTICESections:
17.11.010 Required public notice of application.
17.11.020 Optional public notice.
17.11.030 Notice of public hearing.
17.11.040 Notice methods.
17.11.010 Required public notice of application.
(1) Notice of Application for Type II and III Project Permits. Notice of Application for Type II and III project permits is required in accordance with this chapter. The City shall provide public notice of a project permit application by publication in the City’s official newspaper and by posting as provided in WMC 17.11.040.
(a) Contents. The notice of application shall include:
(i) The file number;
(ii) The name of the applicant;
(iii) The date of application, the date of the notice of completion for the application and the date of the notice of application;
(iv) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;
(v) The identification of other permits not included in the application, to the extent known by the City;
(vi) A site plan, if applicable;
(vii) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;
(viii) A statement of the limits of the public comment period, which shall be not less than 14 days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
(ix) The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;
(x) A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in Chapter 17.13 WMC;
(xi) Any other information determined appropriate by the City, such as the City’s threshold determination, if complete at the time of issuance of the notice of application;
(xii) Identification of the responsible City official.
(b) Time Frame for Issuance of Notice of Application.
(i) Within 14 days after the City has made a determination of completeness of a project permit application, the City shall issue a notice of application.
(ii) If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing.
(c) Public Comment on the notice of application.
(i) The public comment period for a notice of application shall be 14 days after notice issuance.
(ii) All public comments received on the notice of application must be received in the Department of Community Development by 5:00 p.m. on the last day of the comment period. Comments may be mailed or personally delivered. Comments should be as specific as possible.
(d) SEPA Threshold Determination Issuance and Notice of Application.
(i) Except for a determination of significance, the City may not issue its threshold determination or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application.
(ii) If the City issues a determination of significance pursuant to Chapter 14.04 WMC concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. The determination of significance and scoping notice may be issued prior to the notice of application.
(2) Shoreline Master Program (SMP) Permits.
(a) Methods of Providing SMP Notice. Notice of the application of a permit under the preview of the City’s Shoreline Master Program (SMP) shall be given by at least one of the following methods:
(i) Mailing of the notice to the latest recorded real property owners as shown by the records of the County assessor within at least 500 feet of the boundary of the property upon which the substantial development is proposed;
(ii) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed pursuant to WMC 17.11.040(1); or
(iii) Any other manner deemed appropriate by the City to accomplish the objectives of reasonable notice to adjacent landowners and the public.
(b) Content of SMP Notice. The notices shall include:
(i) A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application within a reasonable time after issuance of the decision, may submit the comments or requests for decisions to the City within 30 days of the last date the notice is to be published pursuant to this subsection. The City shall forward, in a timely manner following issuance of the decision, a copy of the decision to each person who submits a request for the decision.
(ii) Notice of the hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.
(iii) The public comment period shall be 30 days. The notice shall state the manner in which the public may obtain a copy of the City’s decision on the application no later than two days following its issuance.
(3) SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open-record predecision hearing is required. (Ord. 143 § 1, 1996)
17.11.020 Optional public notice.
As optional methods of providing public notice of any project permits, the City may:
(1) Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(2) Notifying the news media;
(3) Placing notices in appropriate regional or neighborhood newspapers or trade journals;
(4) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas.
The City’s failure to provide the optional notice as described in this subsection shall not be grounds for invalidation of any permit decision. (Ord. 143 § 1, 1996)
17.11.030 Notice of public hearing.
(1) Content of Notice of Public Hearing for all Types of Applications. The notice given of a public hearing required in this chapter shall contain:
(a) The name and address of the applicant or the applicant’s representative;
(b) Description of the affected property, which may be in the form if either a vicinity location or written description, other than a legal description;
(c) The date, time and place of the hearing;
(d) A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation;
(e) The nature of the proposed use of development;
(f) A statement that all interested persons may appear and provide testimony;
(g) The sections of the code that are pertinent to the hearing procedure;
(h) When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;
(i) The name of a local government representative to contact and the telephone number where additional information may be obtained;
(j) That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the City’s cost;
(k) That a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and copies will be provided at the City’s cost.
(2) Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
(a) Type I, Type II, and Type IV Actions. No public notice is required because no public hearing is held, except on an appeal of a Type II action.
(b) Type III Actions. The notice of public hearing shall be mailed to:
(i) The applicant;
(ii) All owners of property within 500 feet of the subject property;
(iii) Any person who submits written or oral comments on an application.
(See additional requirements in WMC 17.11.010 above for SMP applications.)
(c) Type III Preliminary Plat Actions. In addition to the notice for Type III actions above for preliminary plats, additional notice shall be provided as follows:
(i) Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities.
(ii) Notice of the filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to the appropriate County officials.
(iii) Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a State highway or within two miles of the boundary of a State or municipal airport shall be given to the Secretary of Transportation, who must respond within 15 days of such notice.
(iv) Special notice of the hearing shall be given to adjacent landowners by any other reasonable method the City deems necessary. Adjacent landowners are the owners of real property, as shown by the records of the County assessor, located within 500 feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice required by section WMC 17.11.040(3) shall be given to owners of real property located within 500 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.
(3) Type V Actions. For Type V legislative actions, the City shall publish notice as described in WMC 17.11.030(4)(b) below.
(4) General Procedure for Mailed Notice of Public Hearing.
(a) The records of the King County or Snohomish County Assessor’s Office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained form the applicable County’s real property tax records. The Director shall issue a sworn certificate of mailing to all persons entitled to notice under this chapter. The Director may provide notice to other persons that those required to receive notice under the code.
(b) All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.
(5) Procedure for Posted or Published Notice of Public Hearing.
(a) Posted notice of the public hearing is required for all Type III and IV project permit applications. The posted notice shall be posted as required by WMC 17.11.040(1)(a).
(b) Published notice is required for all Type III, IV and V procedures. The published notice shall be published in the City’s official newspaper.
(6) Time and Cost of Notice of Public Hearing.
(a) Notice shall be mailed, posted and first published not less than 15 days prior to the hearing date. Any posted notice shall be removed by the applicant within 15 days following the public hearing.
(b) All costs associated with the public notice shall be borne by the applicant.
(7) Notice – Exception to Public Hearing Notice Requirements. If testimony cannot be completed prior to adjournment on the date set for a hearing, the presiding official shall:
(a) Announce prior to adjournment the time and place said hearing will be continued; or
(b) Provide mailed notice for a continued hearing to all parties of record, when a new time and place is determined. (Ord. 143 § 1, 1996)
17.11.040 Notice methods.
(1) Posting. Posting of the property for site specific proposals shall consist of one or more notice boards as follows:
(a) A single notice board shall be placed by the applicant;
(i) At the midpoint of the site street frontage or as otherwise directed by the City for maximum visibility;
(ii) Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street property without approval of the Department;
(iii) So that the top of the notice board is between seven to nine feet above grade; and
(iv) Where it is completely visible to pedestrians.
(b) Additional notice boards may be required when:
(i) The site does not abut a public road;
(ii) A large site abuts more than one public road; or
(iii) The Director determines that additional notice boards are necessary to provide adequate public notice.
(c) Notice boards shall be:
(i) Maintained in good condition by the applicant during the notice period;
(ii) In place at least 15 days prior to the date of hearing, or at least 15 days prior to the end of any required comment period;
(iii) Removed within 15 days after the end of the notice period.
(d) Removal of the notice board prior to the end of the notice period may be cause for discontinuance of the Department review until the notice board is replaced and remains in place for the specified time period.
(e) An affidavit of posting shall be submitted to the Director by the applicant prior to the hearing or final comment date. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application will be postponed in order to allow compliance with this notice requirement.
(f) Notice boards shall be constructed and installed in accordance with specifications promulgated by the Department.
(2) Published Notice. Published notice shall include at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed. Notice of a proposed action shall be published by the City at least 15 days prior to the public hearing or the end of any required comment period in the official City newspaper or another newspaper of general circulation in the affected area.
(3) Notice – Mailed Notice. Mailed notice for proposed action shall:
(a) Be sent by the Department by first class mail to owners of property in an area within 500 feet of the site, and to the extent possible to tenants or residents living within 500 feet of the site; provided such area shall be expanded as necessary to send mailed notice to at least 20 different property owners, and tenants or residents.
(b) Be considered supplementary to posted or published notice.
(c) Be deemed satisfactory despite the failure of one or more owners, tenants and residents to receive mailed notice. (Ord. 143 § 1, 1996)
Chapter 17.13
CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPASections:
17.13.010 Determination of consistency.
17.13.020 Initial SEPA analysis.
17.13.030 Categorically exempt and planned actions.
17.13.010 Determination of consistency.
(1) Purpose. When the City receives a project permit application, consistency between the proposed project and the applicable regulations and Comprehensive Plan should be determined through the process in this chapter and the City’s adopted SEPA ordinance, Chapter 14.04 WMC.
(2) Consistency. During project permit application review, the City shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project. In the absence of applicable development regulations, the City shall determine whether the items listed in this subsection are defined in the City’s adopted Comprehensive Plan. This determination of consistency shall include the following:
(a) The type of land use permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied;
(b) The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; and
(c) Availability and adequacy of infrastructure and public facilities identified in the Comprehensive Plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW; and
(d) Character of the development, such as development standards. (Ord. 143 § 1, 1996)
17.13.020 Initial SEPA analysis.
(1) The City shall also review the project permit application under the requirements of the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the City Environmental Policy Ordinance, Chapter 14.04 of the Woodinville Municipal Code, and shall:
(a) Determine whether the applicable regulations require studies that adequately analyze all of the project permit application’s specific probable adverse environmental impacts;
(b) Determine if the applicable regulations require measures that adequately address such environmental impacts;
(c) Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures;
(d) Provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.
(2) In its review of a project permit application, the City may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, Comprehensive Plan and/or in other applicable local, State or Federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.
(3) If the City bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection A of this section, the City shall not impose additional mitigation under SEPA during project review.
(4) A Comprehensive Plan, development regulation or other applicable local, State or Federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when:
(a) The impacts have been avoided or otherwise mitigated; or
(b) The City has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.
(5) In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the City shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the City shall base or condition its project approval on compliance with these other existing rules or laws.
(6) Nothing in this section limits the authority of the City in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.
(7) The City shall also review the application under Chapter 14.04 WMC, the City environmental policy ordinance. (Ord. 143 § 1, 1996)
17.13.030 Categorically exempt and planned actions.
(1) Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA.
(2) Planned Actions.
(a) A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.
(b) A “planned action” means one or more types of project action that:
(i) Are designated planned actions by an ordinance or resolution adopted by the City;
(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:
(A) The Comprehensive Plan or subarea plan adopted under Chapter 36.70A RCW, or
(B) A fully contained community, a master planned resort, a master planned development or a phased project;
(iii) Are subsequent or implementing projects for the proposals listed in (b)(ii) of this subsection;
(iv) Are located within an urban growth area, as defined in RCW 36.70A.030;
(v) Are not essential public facilities, as defined in RCW 36.70A.200;
(vi) Are consistent with the City’s Comprehensive Plan adopted under Chapter 36.70A RCW.
(3) Limitations on Planned Actions. The City shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the City and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.
(4) Limitations on SEPA Review. During project review, the City shall not re-examine alternatives to or hear appeals on the items identified in WMC 17.13.010(2), except for issues of code interpretation. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. (Ord. 143 § 1, 1996)
Chapter 17.15
OPEN RECORD PUBLIC HEARINGSSections:
17.15.010 General.
17.15.020 Responsibility of Director of Community Development and/or his/her designees for hearing.
17.15.030 Conflict of interest, ethics, open public meetings, appearance of fairness.
17.15.040 Ex parte communications.
17.15.050 Disqualification.
17.15.060 Burden and nature of proof.
17.15.070 Order of proceedings.
17.15.080 Decision and notice of decision.
17.15.090 Issuance of notice of final decision.
17.15.010 General.
Public hearings on all Type II, III and V project permit applications, as defined in WMC 17.07.030, shall be conducted in accordance with this chapter. (Ord. 143 § 1, 1996)
17.15.020 Responsibility of Director of Community Development and/or his/her designees for hearing.
The Director shall:
(1) Schedule an application for review and public hearing.
(2) Give notice.
(3) Prepare the staff report on the application, which shall be a single report stating all of the decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the City’s authority under SEPA. If the threshold determination other than a determination of significance has not been issued previously by the City, the report shall include or append this determination. In the case of a Type I or II project permit application, this report may be the permit.
(4) Prepare the notice of decision, if required by the hearing body and/or mail a copy of the notice of decision to those required by this code to receive such decision. (Ord. 143 § 1, 1996)
17.15.030 Conflict of interest, ethics, open public meetings, appearance of fairness.
The hearing body shall be subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), open public meetings (Chapter 42.30 RCW), and appearance of fairness (Chapter 42.36 RCW) as the same now exist or may hereafter be amended. (Ord. 143 § 1, 1996)
17.15.040 Ex parte communications.
(1) No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before him or her, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate; except as provided in this section:
(a) The hearing body may receive advice from legal counsel;
(b) The hearing body may communicate with staff members (except where the proceeding relates to a code enforcement investigation or prosecution);
(c) If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in subsection (2) below.
(2) If the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record:
(a) All written communications received;
(b) All written responses to the communication;
(c) State the substance of all oral communications received and all responses made;
(d) The identity of each person from whom the examiner received any ex parte communications.
The hearing body shall advise all parties that these matters have been placed on the record. Upon request made within 10 days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record. (Ord. 143 § 1, 1996)
17.15.050 Disqualification.
(1) A member of the hearing body who is disqualified shall not be counted for purposes of forming a quorum. Any member who is disqualified may do so only by making full disclosure to the audience, abstaining from voting on the proposal, vacating the seat on the hearing body and physically leaving the hearing.
(2) If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be requalified and shall proceed to resolve the issues.
(3) Except for Type V actions, a member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received. (Ord. 143 § 1, 1996)
17.15.060 Burden and nature of proof.
Except for Type V actions, the burden of proof is on the proponent. The project permit application must be supported by proof that it conforms to the applicable elements of the City’s development regulations, Comprehensive Plan and that any significant adverse environmental impacts have been adequately addressed. (Ord. 143 § 1, 1996)
17.15.070 Order of proceedings.
(1) The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.
(a) Before receiving information on the issue, the following shall be determined:
(i) Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate.
(ii) Any abstentions or disqualifications shall be determined.
(b) The presiding officer may take official notice of known information related to the issue, such as:
(i) A provision of any ordinance, resolution, rule, officially adopted development standard or State law;
(ii) Other public records and facts judicially noticeable by law.
(c) Matters officially noticed need not be established by evidence and be considered by the hearing body in its determination. Parties requesting notice shall do so on the record. However, the hearing body may take notice of matters listed in subsection (1)(b) of this section if stated for the record. Any matter given official notice may be rebutted.
(d) The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner and circumstances of such view on the record.
(e) Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.
(f) When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided. (Ord. 143 § 1, 1996)
17.15.080 Decision and notice of decision.
(1) Following the hearing procedure described in WMC 17.15.070, the hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse or remand the decision that is on appeal.
(2) The hearing body’s written decision shall issue within 10 working days after the hearing on the project permit application. The notice of final decision shall issue within 120 days after the City notifies the applicant that the application is complete. The time frames set forth in this section and WMC 17.15.090 shall apply to project permit applications filed on or after April 1, 1996.
(3) The City shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative appeal, if any. For Type II, III and IV project permits, the notice of decision on the issued permit shall contain the requirements set forth in WMC 17.13.020(1).
(4) The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.
(5) The notice of decision shall be provided to the public as set forth in WMC 17.11.030.
(6) If the City is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall included a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. (Ord. 143 § 1, 1996)
17.15.090 Issuance of notice of final decision.
(1) The time periods for issuing a final decision are subject to WMC 17.09.060.
(2) Administrative appeals of project permits, if an open record appeal hearing or a closed record appeal shall be processed within the following time periods:
(a) Ninety days for an open record appeal hearing; and
(b) Sixty days for a closed record appeal.
The parties may agree to extend these time periods. (Ord. 143 § 1, 1996)
Chapter 17.17
CLOSED RECORD DECISIONS AND APPEALSSections:
17.17.010 Appeals of decisions.
17.17.020 Consolidated appeals.
17.17.030 Standing to initiate administrative appeal.
17.17.040 Closed record decisions and appeals.
17.17.050 Procedure for closed record decision/appeal.
17.17.060 Judicial appeals.
17.17.010 Appeals of decisions.
Project permit applications shall be appealable as provided in the framework in WMC 17.07.030. (Ord. 143 § 1, 1996)
17.17.020 Consolidated appeals.
(1) All appeals of project permit application decisions, other than an appeal of determination of significance (DS), shall be considered together in a consolidated appeal.
(2) Appeals of environmental determinations under SEPA shall proceed as provided in WMC 14.04.260. (Ord. 143 § 1, 1996)
17.17.030 Standing to initiate administrative appeal.
(1) Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a Type II, III or IV decision on a project permit application.
(2) Definition. The term “parties of record”, for the purposes of this chapter, shall mean:
(a) The applicant;
(b) Any person who testified at the open record public hearing on the application; and/or
(c) Any person who submitted written comments concerning the application at the open record public hearing excluding persons who have only signed petitions or mechanically produced form letters. (Ord. 143 § 1, 1996)
17.17.040 Closed record decisions and appeals.
(1) Type II, III, or IV Project Decisions or Recommendations. Appeals of the hearing body’s decision or recommendation on a Type II, III or IV project permit application shall be governed by the following:
(a) Standing. Only parties of record have standing to appeal the hearing body’s decision.
(b) Time to File. An appeal of the hearing body’s decision must be filed within 14 calendar days following issuance of the hearing body’s written decision. Appeals and the appeal fee shall be delivered to the Planning Director by mail or personal delivery before 5:00 p.m. on the last business day of the appeal period.
(c) Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City’s ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next business day.
(d) Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, and contain the following information:
(i) Appellant’s name, address and phone number;
(ii) Appellant’s statement describing his or her standing to appeal;
(iii) Identification of the application which is the subject of the appeal;
(iv) Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
(v) The relief sought, including the specific nature and extent;
(vi) A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
(e) Effect. The timely filing of an appeal shall stay the effective date of the hearing body’s decision until such time as the appeal is adjudicated by the Council or withdrawn.
(f) Notice of Appeal. The Director shall provide public notice of the appeal as provided in WMC 17.11.030(2)(b)(i) and 17.11.030(2)(b)(iii).
(g) The Planning Director may, in his or her sole discretion, waive the appeal period for Type II development applications when a request for waiver is made by the applicant and property owner and then only when the applicant and property owner are the only parties of record with standing. Request for waiver must be made in writing and must state the reason for the requested waiver. (Ord. 379 § 5, 2004; Ord. 143 § 1, 1996)
17.17.050 Procedure for closed record decision/appeal.
(1) The following subsections of this title shall apply to a closed record decision/appeal hearing: 17.15.030; 17.15.040; 17.15.050; 17.15.060; 17.15.070(1)(a); 17.15.070(1)(b), 17.15.070(1)(c); 17.15.070(1)(d); 17.15.070(1)(f); and 17.15.080.
(2) The closed record appeal/decision hearing shall be on the record before the hearing body, and no new evidence may be presented. (Ord. 143 § 1, 1996)
17.17.060 Judicial appeals.
(1) The City’s final decision on an application may be appealed by a party of record with standing to file a land use petition in King County Court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW.
(2) The Planning Director may, in his or her sole discretion, waive the appeal period for Type I development applications when a request for waiver is made by the applicant and property owner and then only when the applicant and property owner are the only parties of record with standing. Request for waiver must be made in writing and must state the reason for the requested waiver. In the event that the Planning Director agrees to said requested waiver, the applicant shall be required to execute a release agreement in a form approved by the City Attorney. (Ord. 379 § 5, 2004; Ord. 143 § 1, 1996)
Chapter 17.19
REGULATING SEXUALLY
ORIENTED BUSINESSES (SOB)*Sections:
17.19.010 Purpose and intent.
17.19.020 Findings of fact.
17.19.030 Definitions.
17.19.040 Prohibition.
17.19.050 Regulated uses.
17.19.060 Permit required.
17.19.070 Investigation and application.
17.19.080 Issuance of permit.
17.19.090 Licenses required for sexually oriented businesses – Fees.
17.19.100 Licenses for managers, entertainers, escorts, or nude or semi-nude models – Fee.
17.19.110 Temporary licenses for managers and entertainers.
17.19.120 Due date for license fees.
17.19.130 Manager on premises.
17.19.140 License nontransferable.
17.19.150 License – Posting and display.
17.19.160 Specifications – Adult cabarets and adult theaters.
17.19.170 Standards of conduct and operation applicable to adult cabarets.
17.19.180 Regulations.
17.19.190 Regulations applicable to video stores not qualifying as sexually oriented businesses.
17.19.200 Exemptions.
17.19.210 License – Name of business and place of business.
17.19.220 Inspections.
17.19.230 Hours of operation.
17.19.240 Alcohol prohibited.
17.19.250 Repealed.
17.19.260 Recordkeeping requirements.
17.19.270 Denial, suspension or revocation of license or permit – Procedures – Appeal.
17.19.280 Suspension or revocation of license/permit – Duration.
17.19.290 Applicability to currently operating businesses.
17.19.300 Limitations of liability.
17.19.310 Penalties for violation.
17.19.320 Public nuisance – Injunctions.
* At the direction of the City, this chapter has been established from the prior Chapter 21.31 WMC.
17.19.010 Purpose and intent.
It is the purpose of this chapter to regulate sexually oriented businesses and related activities, including the activities of sexually oriented business patrons, in order to promote health, safety, morals, and general welfare of the citizens of the City of Woodinville, and to establish reasonable and uniform regulations to prevent the deleterious location of sexually oriented businesses within the City. It is not the intent of the City that it should be the purpose or effect of this chapter to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of the City that it should be the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the State or Federal Constitutions, or to deny access by the distributors and exhibitors of sexually oriented material to their intended market. Neither is it the intent of the City that it should be the purpose or effect of this chapter to condone or legitimize the distribution of obscene materials. (Ord. 267 § 1, 2000; Ord. 99 § 1, 1994)
17.19.020 Findings of fact.
Based upon a wide range of evidence presented to the Woodinville City Council and to other jurisdictions, including but not limited to the testimony of law enforcement officers and members of public, and on other evidence, information, publications, articles, studies, documents, case law and material submitted to and reviewed and considered 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 makes the following findings:
(1) Certain conduct occurring on premises offering sexually oriented business creates secondary impacts that are detrimental to the public health, safety and general welfare of the citizens of the City, and therefore such conduct must be regulated as provided herein.
(2) Regulation of the sexually oriented business industry through permitting and/or licensing is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred.
(3) It is necessary to license entertainers in the sexually oriented 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.
(4) The evidence supporting the need to protect minors and families from the criminal and other unlawful activities associated with the operation of
sexually oriented businesses is compelling. The provisions of this chapter are necessary to ensure that sexually oriented uses in Woodinville are conducted a reasonable distance away from places where minors regularly gather, often in large numbers.
(5) It is necessary to have a licensed manager on the premises of sexually oriented businesses at such times as such establishments are offering sexually oriented business so there will, at all necessary times, be an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees.
(6) The license fees required herein are nominal fees imposed as necessary cost recoupment measures designed to help defray the substantial expenses incurred by the City in regulating the sexually oriented businesses, and in increased police costs in enforcement.
(7) Businesses providing sexually oriented businesses are increasingly associated with ongoing prostitution, disruptive conduct and other criminal activity. Such businesses are currently not subject to effective regulation and constitute an immediate threat to the public peace, health and safety. The hours of operation of such businesses have a significant impact on the occurrence of illegal drug transactions, and other criminal activities.
(8) Due to the information presented regarding the connection of prostitution with sexually oriented businesses, there is concern over sexually transmitted diseases which is a legitimate health concern of the City and thus requires regulation of sexually oriented businesses in order to protect the health, safety and well-being of the public.
(9) Many cities, including Seattle and Tacoma, have experienced negative secondary impacts from sexually oriented business land uses. The skid row effect is one of these secondary impacts and is evident in certain parts of Seattle. Such an effect would be significantly magnified in Woodinville due to the difference in size and characteristics of the City.
(10) The City of Woodinville may rely on the experiences and studies of other cities, counties and organizations in assessing the need for regulation of sexually oriented business use, operations and licensing.
(11) The City takes notice of studies and experiences of other cities and counties in combating the specific adverse impacts of sexually oriented businesses.
(12) Regulation of sexually oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than in response to an existing problem.
(13) Increased levels of criminal activities occur in the vicinity of sexually oriented businesses. Additionally, hidden ownership interests for the purpose of skimming profits, avoiding payment of taxes, and racketeering have historically occurred in sexually oriented businesses, in the absence of regulations.
(14) The City Council therefore finds that the protection and the preservation of the public health, safety and welfare requires establishment of this chapter.
(15) There are sufficient important and substantial government interests to provide a constitutional basis for reasonable regulation of time, place, and manner under which sexually oriented businesses can operate.
(16) It is not the intent of this chapter to unconstitutionally suppress any speech activities protected by the First Amendment of the United States Constitution or Article I, Section 5 of the Washington State Constitution but to enact content neutral chapters which address the secondary effects of sexually oriented businesses, as well as the health problems associated with such businesses.
(17) In a family community, sexually oriented businesses are not uniformly compatible with community standards, as defined during the numerous public hearings.
(18) The law enforcement resources available for responding to problems associated with or created by sexually oriented businesses are limited and are best conserved by regulating and licensing sexually oriented businesses and those associated with them.
(19) In order to assure that all conditions, regulations, etc. are met, the City has established a reasonable time period for review of license applications. (Ord. 99 § 2, 1994)
17.19.030 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
(1) “Sexually oriented business” shall mean those businesses defined as follows:
(a) “Adult arcade” shall mean an establishment containing any individual viewing areas or booths, where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of specified sexual activities or specified anatomical areas.
(b) “Adult bookstore”, “adult novelty store”, or “adult video store” shall mean a commercial establishment which has 30 percent or more of its inventory or floor space used for the sale or rental, for any form of consideration, any one or more of the following:
(i) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations or sexually oriented paraphernalia or novelty items, which are characterized by the depiction, description or reproduction of specified sexual activities or specified anatomical areas; or
(ii) An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting, describing or reproducing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as 30 percent or more of its inventory or floor space is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
(iii) Video stores that sell and/or rent video tapes or other photographic reproductions and associated equipment shall come within this definition if 30 percent or more of the inventory or floor space includes the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction, description or reproduction of specified sexual activities or specified anatomical areas.
(c) “Adult cabaret” shall mean a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features:
(i) Persons who appear semi-nude or nude; or
(ii) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(d) “Adult motel” means a hotel, motel, or similar commercial establishment which:
(i) Offers sleeping accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(ii) Offers a sleeping room for rent for a rental fee period of time that is less than 20 hours; or
(iii) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 20 hours.
(e) “Adult motion picture theater” shall mean a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities are shown for any form of consideration.
(f) “Adult theater” shall mean a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, features persons who appear live in a semi-nude or nude state, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
(g) “Escort agency” means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its business purpose for a fee, tip, or other consideration. This shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm.
(h) “Nude or semi-nude model studio” shall mean any place where a person, who appears nude or semi-nude, or displays specified anatomical areas, is provided for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(2) “Barker” shall mean any person who is located at the entrance of or outside of a sexually oriented business, and attempts to solicit business for the same by using voice, or gestures.
(3) “City” means the City of Woodinville, Washington.
(4) “Director” means the City Clerk, or designee.
(5) “Employee” means 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 sexually oriented business of live entertainment, adult theater, or adult use establishments, whether or not such person is paid compensation by the operator of said business.
(6) “Entertainer” means any person who provides sexually oriented live entertainment in an adult cabaret or adult theater, whether or not they are an employee of the business and whether or not a fee is charged or accepted for such entertainment, and whether or not nude, semi-nude or clothed.
(7) “Manager” means any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of a sexually oriented business.
(8) “Escort” means a person who provides services for an escort service as defined herein, who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(9) “Establishment” shall mean and include any of the following:
(a) The opening or commencement of any sexually oriented business as a new business; or
(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented businesses defined herein; or
(c) The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or
(d) The relocation of any such sexually oriented business; or
(e) An existing sexually oriented business.
(10) “Nude or state of nudity” shall mean the appearance or less than complete and opaque covering of the human anus, male genitals, female genitals, or the areola or nipple of the female breast.
(11) “Operator” shall mean and include the owner, significant stockholder or significant owner of interest, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
(12) “Permitted and/or licensed premises” shall mean any premises that requires a license and/or permit and that is classified as a sexually oriented business.
(13) “Permittee and/or licensee” shall mean a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
(14) “Person” shall mean any individual, firm, joint venture, co-partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit.
(15) “Semi-nude” shall mean a state of dress in which clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
(16) “Specified anatomical areas” shall mean and include any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(17) “Specified criminal activities” shall mean any conviction for acts which are sexual crimes against children, sexual abuse, rape, or distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering.
(18) “Specified sexual activity” shall mean and include any of the following:
(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
(c) Masturbation, actual or simulated; or
(d) Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or
(e) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (a) through (d) of this subsection.
(19) “Sexually oriented live entertainment” means a live performance which is characterized by the performer’s exposure of specified anatomical areas or performance or specified sexual activities.
(20) “Obscenity” shall mean the definition of lewd material provided by RCW 7.48.050, including any matter:
(a) Which the average person applying contemporary community standards would find when considered as a whole, appeals to the prurient interests in sex; or
(b) Which explicitly depicts or describes patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated; or
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibitions of the genital or genital areas; or
(iii) Violent or destructive sexual acts, including, but not limited to, human and or animal mutilation, dismemberment, rape and or torture; or
(iv) Has a dominant theme which appeals to the prurient interests of minors and sex; which is patently offensive because it affronts contemporary community standards relating the description of representation of sexual matters or sadomasochistic abuse; and
(c) Which when considered as a whole lacks serious, literary, artistic, political or scientific value.
(21) “Transfer of ownership or control” of a sexually oriented business shall mean and include any of the following:
(a) The sale, lease, or sublease of the business; or
(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 99 § 3, 1994)
17.19.040 Prohibition.
For the reasons stated in the recitals to the ordinance codified in this chapter and WMC 17.19.010, a person shall not use any property or premises for a sexually oriented business within the City of Woodinville, except as permitted in this chapter and WMC 21.08.070(B). (Ord. 99 § 4, 1994)
17.19.050 Regulated uses.
All sexually oriented businesses are subject to the provisions of WMC 17.19.040 and the regulations contained in this chapter. (Ord. 99 § 5, 1994)
17.19.060 Permit required.
(1) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit, issued by the City for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates, knowingly allows or causes to be operated a sexually oriented business without said permit.
(2) The City Clerk, or his/her designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits and related licenses. The Building Official and City Planner or his/her designee are responsible for ascertaining whether a proposed sexually oriented business for which a permit and/or license is being applied for complies with all requirements enumerated herein and all other applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter.
(3) An application for a sexually oriented business permit shall be made on a form provided by the City. Each person desiring to operate a sexually oriented business shall file with the City Clerk an application supplied by the City.
(4) An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the City Clerk may request information or clarification in addition to that provided in a complete application. The completed application shall contain the following information and shall be accompanied by the following documents:
(a) If the applicant is:
(i) An individual/sole proprietor, the individual/owner shall state his/her legal name and any aliases, stage names, or previous names, date of birth, social security number and submit satisfactory proof that he/she is 18 years of age or older.
(ii) A partnership, the partnership shall state its complete name, and the legal names of all partners, including their dates of birth, social security numbers, and submit satisfactory proof that each is 18 years of age and whether the partnership is general or limited, and a copy of the partnership agreement, if any.
(iii) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State of Washington, the legal names, dates of birth, social security numbers, proof that each is 18 years of age or older and the capacity of all officers, directors and principal stockholders, the name of the registered corporate agent, and the address of the registered office for service of process.
(iv) As a part of the application process, each officer, director, or principal stockholder, as defined above, shall provide the City Clerk with an affidavit attesting to their identity and relationship to the corporation. Principal stockholder shall mean those persons who own 10 percent or greater interest in the sexually oriented business.
(b) Whether the applicant or any other individuals listed pursuant to subsections (4)(a)(i), (ii) and (iii) of this section within a four-year period immediately preceding the date of the application has been convicted of a specified criminal activity and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
(c) Whether the applicant or any of the other individuals listed pursuant to this section has, within the last four years, had a previous permit or license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation.
(d) Whether the applicant or any other entity listed pursuant to this section holds any other permits and/or licenses under this chapter, et seq. or other similar sexually oriented business license from another city or county and, if so, the names and locations of such other permitted businesses.
(e) The single classification of permit for which the applicant is filing.
(f) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(g) The applicant’s mailing address and residential address.
(h) Two two-inch by two-inch black and white photographs of the applicant, including any corporate applicants, taken within six months of the date of the application, showing only the full face of the same. The photographs shall be provided at the applicant’s expense. The license, when issued, shall have affixed to it one such photograph of the applicant.
(i) The applicant or each corporate applicant’s driver’s license number, social security number, and or his/her State or federally issued tax identification number.
(j) Each application shall be accompanied by a complete set of fingerprints of each person required to be a party to the application, including all corporate applicants as defined above, utilizing fingerprint forms as prescribed by the Chief of Police or his/her designee.
(k) In the case of all sexually oriented businesses, a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram must be professionally prepared and accepted by the City, and it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(l) Applicants for a permit and/or license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the City Clerk or his/her designee shall be grounds for suspension of a permit and/or license.
(m) In the event the City Clerk or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business permit or license, he/she shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application).
(n) The applicant must be qualified according to the provisions of this section, must have a current City business license, and the premises must be inspected and found to be in compliance with health, fire, and building codes of the City.
(o) The applicant shall be required to pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. This is a processing fee. License fees shall also be required in the event the application is approved.
(p) The fact that a person possesses other types of State or City permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.
(q) The application form for licenses and permits issued under this chapter shall contain a provision providing that under penalty of perjury, the applicant verifies that the information contained therein is true to the best of his/her knowledge.
(r) If any person or entity acquires, subsequent to the issuance of an adult business license, a significant interest in the licensed adult entertainment facility, notice of such acquisition shall be provided in writing to the City Clerk within 21 calendar days following such acquisition and the person acquiring the interest shall submit a complete application to the City Clerk pursuant to this section within 45 calendar days of acquiring such interest. For the purpose of this section, “significant interest” means principal responsibility for management or operation of an adult entertainment facility. (Ord. 267 § 2, 2000; Ord. 99 § 6, 1994)
17.19.070 Investigation and application.
(1) Upon receipt of an application properly filed with the City Clerk, and upon payment of the nonrefundable processing fee, the City Clerk or his/her designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to other City departments or other agencies responsible for enforcement of health, fire, and building codes and laws. Each department or agency shall promptly conduct an investigation of the application and the proposed sexually oriented business. Said investigation shall be completed within 20 working days of receipt of the application by the City Clerk or his/her designee, unless circumstances support extending the same. If such circumstances exist, the City shall inform the applicant of the same and why, and said extension shall not exceed 10 additional calendar days from the original expiration of the 20 day time period stated above. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its recommendation as to approval or disapproval of the application, date it, sign it, and in the event it recommends disapproval, state the specific reasons therefor, citing applicable laws or regulations.
(2) In the event the proposed adult entertainment facility is in a state of construction at the time of the inspection, each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any adult business license approved prior to final construction of the adult entertainment facility shall contain a condition that the adult entertainment facility shall not open for business until the facility has been inspected and determined to be in compliance with applicable laws and regulations and substantially conforms with the drawings submitted with the application.
(3) A department or agency shall recommend disapproval of an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the City, or if the applicant does not meet the conditions as specified in this chapter. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the City Clerk or his/her designee. (Ord. 267 § 3, 2000; Ord. 99 § 7, 1994)
17.19.080 Issuance of permit.
(1) The City Clerk or his/her designee shall grant or deny an application for a permit within 30 days from the date of its proper filing unless the City or applicant establishes a good reason for an extension.
(2) Grant of Application for Permit.
(a) The City Clerk or his/her designee shall grant the application unless one or more of the criteria set forth in subsection (3) below (Denial of Application for Permit) is present.
(b) The permit, 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 sexually oriented business. The permit shall be posted in a conspicuous place, at or near the entrance to the sexually oriented business so that it can be easily read at any time. It shall be valid until the end of the year.
(3) Denial of Application for Permit. The City Clerk or his/her designee shall deny the application for any of the following reasons:
(a) An applicant is under 18 years of age or will be employing a person under 18 years of age.
(b) An applicant is overdue on his/her payment to the City of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.
(c) An applicant has failed to provide information required by this section or the application for the issuance of the permit, or has falsely answered a question or request for information on the application form.
(d) The applicant has failed to comply with any provision or requirement of this chapter.
(e) The premises to be used for the proposed sexually oriented business are not in compliance with applicable laws and ordinances.
(f) The applicant has been convicted, forfeited bail or other adverse finding for a specified criminal activity within the four years prior to the application date. (Ord. 267 § 4, 2000; Ord. 99 § 8, 1994)
17.19.090 Licenses required for sexually oriented businesses – Fees.
(1) No sexually oriented business shall be operated or maintained in the City of Woodinville unless the owner or operator has obtained a sexually oriented business permit as set forth above, and the applicable licenses from the City Clerk. For adult cabarets the required license shall be the adult cabaret license set forth in subsection (2) below. It is unlawful for any entertainer, employee, or operator to knowingly work in or about or knowingly perform any service directly related to the operation of an unlicensed adult cabaret business. Any adult cabaret must meet all of the requirements for a sexually oriented business license as set forth above.
(2) The annual fee for an adult cabaret business license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter.
(3) The annual license fee for all other sexually oriented businesses described in subsection (2) above shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter.
(4) The above-referenced licenses expire annually on December 31st and must be renewed by January 1st.
(5) The applicant must be 18 years of age or older. (Ord. 99 § 9, 1994)
17.19.100 Licenses for managers, entertainers, escorts, or nude or semi-nude models – Fee.
(1) No person shall work or perform as a manager, entertainer, escort, or nude or semi-nude model at an adult entertainment facility without a valid manager’s or entertainer’s license issued by the City Clerk.
(2) All applications shall be submitted to the City Clerk on a form supplied by the City and shall contain or be accompanied by all of the following information and documents:
(a) The date of the application.
(b) The legal name, any previous names, any aliases, any driver’s license number, any social security number, and the date of birth of the applicant.
(c) Documentation that the applicant has attained the age of 18 years. Any of the following shall be accepted as documentation of age:
(i) A valid driver’s license issued by any state bearing the applicant’s photograph and date of birth;
(ii) A valid identification card issued by any state bearing the applicant’s photograph and date of birth;
(iii) An official passport issued by the United States of America;
(iv) An immigration card issued by the United States of America; or
(v) Any other form of identification that the City Clerk determines to be acceptable.
(d) The height, weight, hair and eye color of the applicant.
(e) The present mailing and residential address of the applicant.
(f) The name and address of the adult entertainment facility at which the applicant will work or perform.
(g) A description of the principal activities or services to be rendered by the applicant at the adult entertainment facility.
(h) Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.
(i) A complete set of fingerprints of the applicant, taken by a designated City official, on a form adopted and approved by the City of Woodinville Police Department.
(j) A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense.
(k) A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.
(l) A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.
(m) Authorization for the City, its agents, and employees to seek information to confirm any statements or other information set forth in the application.
(3) The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge.
(4) An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the City Clerk may request information or clarification in addition to that provided in a complete application.
(5) Each manager’s and entertainer’s license application shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.
(6) In addition to the requirements of this chapter, an applicant for a manager’s or entertainer’s license must also obtain any other permits or licenses required by state or local laws or regulations. (Ord. 267 § 5, 2000; Ord. 99 § 10, 1994)
17.19.110 Temporary licenses for managers and entertainers.
An applicant for a manager’s or entertainer’s license shall be issued a temporary license upon the City’s receipt of a complete license application and fee. Said temporary license shall expire automatically on the fifteenth day following filing of a complete application and fee, unless the City Clerk has failed to approve or deny the license application, in which case the temporary license shall be valid until the City 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 City Clerk extend the application review time for more than an additional 20 days. (Ord. 267 § 6, 2000; Ord. 99 § 11, 1994)
17.19.120 Due date for license fees.
All licenses required in this chapter must be issued and the applicable fees paid to the City Clerk at least 14 calendar days before commencing work at a sexually oriented business, and on an annual basis as described above. The sexually oriented business permit required by WMC 17.19.060 must only be renewed based on changed circumstances as set forth in WMC 17.19.060(4)(l). The fee structure for all fees and fines in this chapter shall be reviewed annually after a renewal has been applied for, to assure that the fees accurately reflect the cost of enforcement and administration of this chapter. (Ord. 99 § 12, 1994)
17.19.130 Manager on premises.
(1) A licensed manager shall be on duty at all sexually oriented business premises at all times during which the business is open to customers, whether the business provides live or other performances. The manager shall be stationed at a location within the facility where he or she shall have an unobstructed view of all public portions of the facility.
(2) The licensed manager on duty shall not be an entertainer.
(3) It shall be the responsibility of the manager to verify that any entertainer who works or appears within the premises possesses a current and valid entertainer’s license posted in the manner required by this chapter.
(4) The manager shall not knowingly allow a violation of this code to continue or exist at the facility. (Ord. 267 § 7, 2000; Ord. 99 § 13, 1994)
17.19.140 License nontransferable.
No license or permit issued pursuant to this chapter shall be transferable. (Ord. 99 § 14, 1994)
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