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Snohomish County, WA
Chapter 6.30 - ADULT BUSINESSES AND EMPLOYEES

6.30.005 General provisions.
Unless specified otherwise in this chapter, the general provisions contained in chapter 6.01 SCC shall apply to licenses required by this chapter.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.010 Definitions.
In addition to the definitions contained in SCC 6.01.010 the words and phrases in this section, unless the context otherwise indicates, shall have the following meanings:

(1) "Adult entertainment" means an exhibition, performance or medium which is distinguished or characterized by:

(a) Acts of masturbation, sexual intercourse or sodomy; or

(b) Fondling or other touching of the human genitals, pubic region, buttocks or female breast; or

(c) Human genitals in a state of sexual stimulation or arousal; or

(d) Displays of less than completely and opaquely covered human genitals, pubic areas, anus, buttocks, or female breast below the top of the areola; or

(e) Human male genitals in a discernibly turgid state even if completely covered; or

(f) Any exhibition, performance or dance conducted in a premises where such exhibition, performance or dance is performed within the view of one or more members of the public and is intended or is likely to sexually stimulate any member of the public.

(2) "Adult entertainment book store" means any business from which minors are excluded and in which the purchase, rental, viewing or use of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions distinguished or characterized by their emphasis on matter depicting, describing, or relating to adult entertainment or adult entertainment material make up 25% or more of the stock in trade.

(3) "Adult entertainment business" means any establishment or premises which has at least 25% of its trade in the display, barter, rental, or sale of a medium which meets the criteria of adult entertainment as defined by this chapter and includes but is not limited to: adult entertainment bookstores, adult entertainment movie theaters, adult tanning salons, escort businesses and nude house cleaning businesses.

(4) "Adult hotel" means a hotel, motel, or similar commercial establishment which offers a sleeping room for rent for a period of time less than 10 hours or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

(5) "Adult entertainment movie theater" means any establishment, from which minors are excluded and where the principal use of the premises consists of the showing of motion pictures, slides, or photographic or other visual reproductions, where the subject matter meets the criteria of adult entertainment as defined in this chapter and where fees of any kind are charged. This definition shall include establishments wherein the above mentioned medium is the major attraction on a regular basis and establishments wherein the above mentioned medium is shown at least 25% of the showing time of the theater.

(6) "Adult tanning salon" means any establishment which offers tanning services to a member of the public and in which adult entertainment takes place.

(7) "Employee" means any and all persons who work in or at or render any services directly related to the operation of an adult entertainment business regardless of whether that person meets the criteria of a statutory employee, common law employee or independent contractor.

(8) "Escort" means a person 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) "Escort business" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts.

(10) "Manager" means any person who manages, directs, administers or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any place offering adult entertainment.

(11) "Member of the public" means any customer, patron, club members, or person other than an employee as defined in this section, who is invited or admitted to an adult entertainment business.

(12) "Nude or state of nudity" means displays of less than completely and opaquely covered human genitals, pubic area, anus, buttocks, or female breast below the top of the areola.

(13) "Nude house cleaning business" means a person or business which offers house cleaning services in which the house cleaner is in a state of nudity.

(14) "Stock in trade" means the greater of: (a) the retail dollar value of all prerecorded video tapes, discs, books, magazines or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or (b) the total number of titles of all prerecorded video tapes, discs, books, magazines, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.015 Adult businesses-License required.
No person shall operate within unincorporated Snohomish County an adult entertainment business, an adult hotel, an adult tanning salon, an escort business, or a nude house cleaning business without a valid adult business license issued by the licensing authority. No escort business or nude house cleaning business shall provide services within unincorporated Snohomish County without a valid license issued by the licensing authority.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.020 License fees and term.
The fees for the licenses required by this chapter are contained in SCC 6.01.050(2). The terms for these licenses is one year from date of issuance.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.025 Investigation required.
Applicants seeking a license under this chapter shall be investigated according to the provisions outlined in SCC 6.01.047.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.030 Fingerprinting required.
Applicants seeking a license under this chapter shall be fingerprinted by the sheriff as specified in SCC 6.01.046(1).

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.035 Photograph required.

Applicants seeking an employee or manager license as required by this chapter shall submit photographs as specified in SCC 6.01.046(2).

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.040 Underage employees.
It shall be unlawful for any owner, proprietor, manager, or person in charge of any facility regulated by this chapter, to have an employee in such establishment, under the age of 18 years.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.045 Unlawful to employ unlicensed person.

It shall be unlawful for any owner, proprietor, manager, or person in charge of any escort business, nude house cleaning business, or an adult tanning salon regulated by this chapter, to employ in such establishment, any person who does not have a valid employee license as required by SCC 6.30.055.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.050 Manager license required.
No person shall work as a manager in nude house cleaning business, escort business, or adult tanning salon without a valid license issued by the licensing authority.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.055 Employee license required.
(1) It shall be unlawful for any person to work in the following adult entertainment businesses, in the capacities outlined below, without a license as provided for in this chapter:

(a) "nude house cleaning"--any person actually performing or assisting in the performance of nude house cleaning, as defined in this chapter;

(b) "escort business"--any person acting as an escort as defined by this chapter;

(c) "adult tanning salons"--any person performing any services in a closed room while the patron is present.

(2) All licenses required shall be invalid as to any adult entertainment business during any period in which the employer is not engaged in business whether by reason of choice or failure of the employer to operate a business or by reason of lapse, suspension or revocation of employer's license.

(3) An employee license shall entitle the employee to work only at the adult entertainment business indicated on the employee's license. If an employee changes his or her employment during the license term, the license certificate must be returned to the licensing authority or reissuance, upon payment of the fee set out in SCC 6.01.050 (2)(ii), indicating the new place of employment.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.060 Exclusions.
(1) This chapter shall not be construed to apply to:

(a) Plays, operas, musicals or other dramatic works which are not obscene;

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

(c) Exhibitions or dances which are not obscene.

(2) For this chapter, any exhibition, performance, dance or other medium is obscene:

(a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(b) Which explicitly depicts or describes patently offensive representations or descriptions, applying contemporary community standards, of sexual conduct as described in RCW 7.48A.010(2)(b); and

(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).

6.30.065 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not effect the validity of the remaining portions of this chapter.

(Added Ord. 96-044, § 2(part), June 24, 1996, Eff date July 6, 1996).