Loading...
737 Regulation of Adult Ent Bus and amend Ch 5 Bus LicCITY OF YELM ORDINANCE N0.737 AN ORDINANCE of the City of Yelm, Washington, regulating adult entertainment businesses within the City of Yelm, Washington, and amending Chapter 5, Business Licenses and Regulations, Yelm Municipal Code. WHEREAS, the City has thoughtfully and thoroughly evaluated the regulations necessary to the siting and regulation of adult entertainment businesses; and WHEREAS, the City of Yelm has determined that the regulation of the adult entertainment industry is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion, and the presence within the industry of individuals with hidden ownership interest and outstanding arrest warrants; and WHEREAS, the proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the City of Yelm which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety and general welfare; and WHEREAS, the City of Yelm finds it is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors; to ensure 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; and WHEREAS, the City of Yelm finds it necessary to have a licensed manager on the premises of establishments offering adult entertainment at such time and such establishments are offering adult entertainment so that at all necessary times there will be an individual responsible for the overall operation of the adult entertaimment establishment, including the actions of patrons, entertainers and other employees; and WHEREAS, the City of Yelm fords it necessary to establish license fees as nominal fees imposed as regulatory measures designed to help defray the substantial expense incurred by the City of Yelm in regulating the adult entertainment industry; and WHEREAS, the City of Yehn has determined that hidden ownership interest for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry in the absence ofregulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for the City to effectively protect City of Yelm Ord. 737 ds; shelly'aebcon~espond Page I of 15 the public health, safety, morals and general welfare of its citizens and effectively allocate its law enforcement resources, it is important that the City be fully apprized of the actual ownership of adult entertainment establishments, and the identities and backgrounds of persons responsible for management and control of the adult entertainment establishment; and WH EREAS, it is not the intent of this ordinance to suppress or censor any expressive activities protected by the First Amendment of the United States Constitution or Article 1, Section 5 of the Washington State Constitution, but rather to enact time, place and manner regulations which address the compelling interests of the City in mitigating the secondary effects of adult entertainment establishments; NOW, THEREFORE, be it ordained by the City Council of the City of Yelm, as follows: Section 1. MASSAGE PARLORS AND EMPLOYEES. 1.1 Definitions. Wherever the following words and terms appear in this chapter, they shall have the following meanings: 1.1.1 "Massage parlor" means a place in the incorporated area of the city where massages or like treatments are performed upon the body of one person by another person, or where sauna baths, Turkish baths, Swedish baths or the like are made available to members of the public. 1.1.2 "Massage parlor employee" means any person who gives massages to, or attends in any other way upon, patrons of a massage parlor, or who supervises the work of such a person. 1.2 Exemptions to chapter applicability. The provisions of this chapter shall not apply to massages performed or baths provided in any hospital or at the athletic department of any public or private secondary school or college, or by any person who has been certified or licensed by the state of Washington to practice medicine, surgery, drugless therapy, physical therapy, massage, osteopathy, osteopathy and surgery, chiropractic, podiatry, or nursing. 1.3 Licensing of Business. 1.3.1 No person, firm, partnership, corporation, or other entity shall operate an adult arcade, adult bookstore, adult novelty store or adult video store without first obtaining a license issued pursuant to this chapter. 1.3.2 Applications for such business establishments shall be made to the City Clerk/Treasurer. City of Yehn Ord. 737 ds'shelly'aebco~respond Page 2 of l5 1.3.3 Such applications shall be verified and provide the same information as that required for an adult live entertainment center licensed as set forth in Section 3.4. 1.3.4 Applications shall be accompanied by a non refundable fee as set by resolution of the City Council, however, until such fee is set by such a resolution, the fee shall be $500. 1.3.5 An application for such a license shall be processed and either granted or denied in the manner set forth in Sections 3.4.5 and 3.4.6. 1.3.6 Licenses granted pursuant to this chapter shall expire on December 31, of the year for which such licenses is issued or renewed. 1.3.7 Such license may be renewed by submitting a new application and following the application procedure referenced herein; provided, that a renewal application shall not be submitted prior to September 1, for the following calendar year. 1.4 Licensin og f Employ. An application for such a license shall be processed and either granted or denied in the manner set forth in Section 3.5. 1.5 Revocation of License. Revocation of a massage parlor license or employee license shall be set forth in the manner described in Section 3.6. 1.6 Inspections. The premises of all massage parlors shall be maintained in a safe and sanitary manner. An applicant for a license called for herein shall be considered to consent as a condition of receiving such license to inspection by the Chief of Police or the Building Official or their designees during hours when such businesses are open. The purpose of such inspection shall be to determine if the licensed premises is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. 1.7 Hours of operation. All massage parlors shall be closed, and all services performed therein discontinued, between the hours of 12:30 a.m. and 8:00 a.m. 1.8 Premises--Liquor prohibited. Liquor (as that term is defined in the Washington State Alcoholic Beverage Control Act) shall not be distributed or consumed on the premises of any massage parlor. City of Yehn Ord. 737 dsishelly/aebcorrespond Page 3 of I S 1.9 Violation deemed a public nuisance. Any activity, act or conduct contrary to the provisions of this chapter is declared to be unlawful and a public nuisance and such activity, act or conduct maybe enjoined by an action brought by the City Attorney or other interested person. 1.10 Violation deemed a misdemeanor. Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. No person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the Police Chief, City Attorney or duly appointed agent of either. Section 2. ADULT BUSINESSES. 2.1 Definitions. 2.1.1 "Adult Arcade" shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, video disks or other photographic reproductions which are characterized by the depiction or description of "Specific Sexual Activities" or "Specific Anatomical Areas". 2.1.2 "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" shall mean a commercial establishment which has as one of its principal business purposes the offering for sale or rental for some form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, video disks or other visual representations which are characterized by the depiction or description of specific sexual activities or specific anatomical areas. Provided, however, that video stores that sell and/or rent only video tapes or other graphic reproductions and associated equipment shall only come within the definition set forth herein if twenty percent or more of its stock in trade or revenue comes from the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction or description of specific sexual activities or specific anatomical areas. City of Ye6n Ord. 737 ds ~shellyiaebcon~espond Page 4 of I S 2.1.3 "Specific anatomical areas" means: (a) Less than completely and opaquely covered human genitals, pubic region, buttocks and the female breasts below a point immediately above the top of the areola. (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2.1.4 "Specific sexual activities" means: (a) Human genitals in a state of sexual stimulation; and/or (b) Acts of human masturbation, sexual intercourse or sodomy; and/or (c) Fondling or other erotic touching of human genitals, pubic region, buttocks or the female breasts. 2.2 Licensing of Business. 2.2.1 No person, firm, partnership, corporation, or other entity shall operate an adult arcade, adult bookstore, adult novelty store or adult video store without first obtaining a license issued pursuant to this chapter. 2.2.2 Applications for such business establishments shall be made to the City Clerk/Treasurer. 2.2.3 Such applications shall be verified and provide the same information as that required for an adult live entertainment center licensed as set forth in Section 3.4. 2.2.4 Applications shall be accompanied by a non refundable fee as set by resolution of the City Council, however, until such fee is set by such a resolution, the fee shall be $500. 2.2.5 An application for such a license shall be processed and either granted or denied in the manner set forth in Sections 3.4.5 and 3.4.6. 2.2.6 Licenses granted pursuant to this chapter shall expire on December 31, of the year for which such licenses is issued or renewed. 2.2.7 Such license may be renewed by submitting a new application and following the application procedure referenced herein; provided, that a renewal application shall not be submitted prior to September 1, for the following calendar year. City of Yelm Ord. 737 ds/shellyiaebcon~espond Page 5 of I S 2.3 Regulations relatin tg o on_premise viewing. 2.3.1 Any adult arcade, adult bookstore, adult novelty store or adult video store having facilities for customers' viewing of depictions of human nudity and/or sexual conduct of any nature, including depictions of specific sexual activities, shall comply with the following regulations: (a) Construction/Maintenance: i. All viewing booths shall be constructed or reconstructed so that the interior of the viewing booth is observable by persons in the aisles or other open areas of the establishment such that the lower thirty-six inches of the door is open to public view. ii. All such areas shall be maintained in a clean and sanitary condition at all times. (b) Signs: Signs shall be conspicuously posted on the premises advising customers using viewing booths that: (1) Masturbation in such booths is prohibited and unlawful. (2) That it is unlawful for more than one customer to occupy a viewing booth at any time. (3) No persons under the age of eighteen years shall be allowed to occupy a viewing booth at any time. (c) Unlawful Conduct: The following conduct or activity is unlawful: i. Masturbation in viewing booths. ii. Two or more customers in a viewing booth at the same time. iii. The use of such booths by any person under the age of eighteen years. iv. For the owner or manager to knowingly allow the above conduct 2.4 Regulations applicable to video stores not qualifying as adult video stores. Video stores that sell or otherwise distribute films, motion pictures, video cassettes, slides, video disks or other visual representations which are characterized by the depiction or description of specific sexual activities or specific anatomical areas, and less than City of Yelm Ord. 737 ds/shelly/aebcorrespond Page 6 of 15 twenty percent of their stock-in-trade or revenues comes from the rental or sale of such items shall be subject to the following regulations: 2.4.1 All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store. 2.4.2 No advertising for such items shall be posted or otherwise visible. Except where such items are authorized for display. 2.4.3 Signs readable at a distance of twenty feet in both English and Spanish shall be posted at the entrance to the area where such items are displayed stating that persons under the age of eighteen are not allowed access to the area where such items are displayed.. 2.4.4 The manager or attendant shall take reasonable steps to monitor the area where such items are displayed to ensure that persons under eighteen years of age do not access the age-restricted area. 2.4.5 Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under eighteen years of age is prohibited. 2.4.6 Employees of such video stores shall check identification to ensure that such items are not rented or sold to persons under the age of eighteen. 2.5 Revocation of license. The City Clerk/Treasurer shall revoke a license issued pursuant to this chapter if the Clerk/Treasurer finds any of the following conditions to exist: 2.5.1 The licensee has made a false statement or given false information in connection with the application for the applicable license. 2.5.2 The licensee has violated or permitted violation of any provisions of this chapter. 2.5.3 The licensee has been convicted of or forfeited bail to any of the crimes which would have caused the city to refuse to issue the license upon the initial or renewal application. Appeal from either the denial of a license or the revocation of a license shall be made to the city council provided for in Yelm Municipal Code, 15.49.160. City of Yelm Ord. 737 ds~shelly/aebco~respond Page 7 of I S 2.6 Inspections. An applicant for a license called for herein shall be considered to consent as a condition of receiving such license to inspection by the Chief of Police, City Clerk/Treasurer or the Building Official or their designees during hours when such businesses are open. The purpose of such inspection shall be to determine if the licensed premises is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. 2.7 Hours of operation. Businesses licensed pursuant to this chapter shall be closed between 12:30 a.m. and 8:00 a.m. 2.8 Violation deemed a public nuisance. Any activity, act or conduct contrary to the provisions of this chapter is declared to be unlawful and a public nuisance and such activity, act or conduct maybe enjoined by an action brought by the City Attorney or other interested person. 2.9 Violation deemed a misdemeanor. Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. No person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the Police Chief, City Attorney or duly appointed agent of either. Section 3. ADULT LIVE ENTERTAINMENT CENTERS. 3.1 Definitions. The following words and phrases shall have the following meanings for purposes of this chapter: 3.1.1 "Adult live entertainment center" means a business having, as parts of its trade, live dancers or entertainers who depict specific sexual activities or display specific anatomical areas as defined herein, included, but not limited to, topless dance centers, so-called exotic dance centers and body painting studios. 3.1.2 "Employee" means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of any adult live entertainment center. 3.1.3 "Entertainer" means any person who provides entertainment within an adult live entertainment center as defined in this section whether or not a fee is charged or accepted for such entertainment. City of Yelm Ord. 737 ds/shelly~aebeo~respond Page S of I S 3.1.4 "Entertainment" means any exhibition or dance of any type, removal of articles of clothing, pantomime, modeling or any other performance. 3.1.5 "Operator" means any person operating, conducting or maintaining an adult live entertainment center. 3.1.6 "Specific anatomical areas" means: (a) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola. (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 3.1.7 "Specific sexual activities" means: (a) Human genitals in a state of sexual stimulation, and/or (b) Acts of human masturbation, sexual intercourse or sodomy, and/or (c) Fondling or other erotic touching of human genitals, pubic region, buttocks or the female breasts. 3.2 Conduct of employees and o erators. The following standards of conduct shall be adhered to by operators and employees of any adult live entertainment center. 3.2.1 No person employed in the sale or service of food and/or drink within an adult live entertainment center shall be unclothed or in such attire, costume or clothing so as to expose, with less than a fully opaque covering, any portion of the human genitals, pubic region, buttocks and the female breasts below a point immediately above the top of the areola. 3.2.2 No person employed or otherwise permitted to converse, dance or mingle with the patrons within an adult live entertainment center shall be unclothed or in such attire, costume or clothing as described in Section 3.2.1. 3.2.3 No person described in Sections 3.2.1 and 3.2.2 shall encourage or permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person. 3.2.4 No person described in Sections 3.2.1 and 3.2.2 shall wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof. City v1' Yehn Ord. 737 ds/shelly/aebcon~espond Page 9 of 15 r 3.2.5 No person described in Sections 3.2.1 and 3.2.2 nor any entertainer shall perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) The touching, caressing or fondling of the breasts, buttocks or genitals; (c) The displaying of the pubic hair, anus, vulva or genitals. 3.2.6 No entertainer who is unclothed or in such attire, costume or clothing as described in Section 3.2.1 of this chapter shall perform elsewhere within an adult entertainment center other than upon a stage at least eighteen inches above the immediate floor level where patrons are seated or stand, and removed at least six feet from the nearest patron. 3.3 Operation regulations. The following requirements shall be adhered to by any adult live entertainment center: 3.3.1 There shall be posted and conspicuously displayed in the common areas of each adult live entertainment center a list of any and all entertainment provided on the premises for a fee in addition to the admission fee. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. 3.3.2 No activity or entertainment occurring within an adult live entertainment center shall be visible at any time from outside such hall. 3.3.3 At least one security person per one hundred patrons shall be on duty inside the premises at all times during hours of operation. Security persons shall also patrol the parking area adjacent to the premises at least once per each hour of operation. All security persons shall wear a uniform which will make such persons readily recognizable as security personnel. 3.3.4 Admission shall be restricted to persons of the age of eighteen years or over. 3.3.5 Sufficient lighting shall be provided in and about the parts of the premises which are open to patrons and/or members of the public so that all objects are plainly visible at all times. 3.3.6 An adult live entertainment center shall be closed between 12:30 a.m. and 8:00 a.m. City of Yehn Ord. 737 dslshelly/aebcorrespond Page 10 of IS 3.3.7 No operator or employee of an adult live entertainment center shall serve, sell, distribute or permit the consumption or possession of any intoxicating liquor or controlled substance upon the premises of such establishment, including parking lots under the control of the operator. 3.3.8 An operator of an adult live entertainment center shall conspicuously display the license required by this chapter in an area open to patrons of such establishment. 3.3.9 No patron shall be permitted to directly or indirectly pay or give any gratuity to any entertainer. 3.3.10 No entertainer shall be permitted to solicit any pay or gratuity from any patron and/or solicit the purchase of any food or drink by any patron. 3.3.11 No operator of an adult live entertainment center shall employ as an entertainer any person under the age of eighteen years or a person not licensed pursuant to this chapter. 3.3.12 An operator of an adult entertainment center shall maintain and retain for a period of two years names, addresses and ages of persons employed as entertainers by licensee. 3.4 Licensing of business. 3.4.1 No person, firm, partnership, corporation or other entity shall operate an adult live entertainment center without first obtaining an adult live entertainment center license issued pursuant to this chapter. 3.4.2 Applications for adult live entertainment center licenses shall be made to the City Clerk/Treasurer. 3.4.3 An application for an adult live entertainment center license shall be verified and shall provide the following information: (a) The full name and alias (past or present), address, telephone number, principal occupation and date of birth of the applicant and of the managing agent or agents of the business; (b) The business name, business address, federal tax identification number, state of Washington master business license number and business telephone number of the establishment or proposed establishment, together with a description of the nature of the business; City of Yehn Ord. 737 ds/shellyiaebcorrespond Page I I ot~ I S (c) Whether the business or proposed business is the undertaking of a sole proprietorship, partnership or corporation. If a sole proprietorship, the application shall set forth the name, address, telephone number and principal occupation of the sole proprietor. If a partnership, the application shall set forth the names, addresses, telephone numbers, principal occupation and respective ownership shares of each partner, whether general, limited or silent. If a corporation, the application shall set forth the corporate name, a copy of the articles of incorporation, and the names, addresses, telephone numbers and principal occupations of every officer and director of the corporation, and every shareholder having more than five percent ofthe outstanding shares of the corporation; (d) The names, addresses, telephone numbers and principal occupations of every person, partnership or corporation having any interest in the real or personal property utilized or to be utilized by the business or proposed business; (e) Whether the applicant, or any person required to be named by this section, has ever been convicted of or forfeited bail for any crime, excluding minor traffic offenses; and, if so, the application shall state the person involved, the charge, date, court and disposition of the charge. 3.4.4 Applications shall be accompanied by a nonrefundable fee as set by resolution of the city council however, until such fee is set by such a resolution, the fee shall be $500. 3.4.5 Within five days of receipt of a properly completed application for an adult live entertainment center license, the City Clerk/Treasurer shall transmit copies of such application to the Police Department and Community Development Department. 3.4.6 Within thirty days of receipt of a properly completed application for an adult live entertainment center license, the City Clerk/Treasurer shall issue the license unless advised by the Community Development Department that the use or proposed use of the premises, does not have the applicable land use approval as per the city's zoning code or other applicable land use laws and regulations; or the City Clerk/Treasurer is advised by the building department that the buildings upon the subject premises fail to meet the requirements of the building, fire, mechanical or plumbing codes applicable to the proposed use; or the City Clerk/Treasurer is informed by the police department that the owner, partner, or stockholder holding more than five percent of the outstanding shares of the owning corporation has been convicted of or City of YcLn Ord. 737 ds/shelly/aebcon~espond Page 12 of 15 forfeited bail for any crime which may reasonably indicate a likelihood of future violation of the terms of this chapter by such owner, partner, or stockholder. Issuance of the license required in this chapter shall not constitute a waiver of or exemption from the application of any land use, building, health or safety laws pertinent to the proposed use. 3.4.7 An adult live entertainment center license shall expire on December 31 st of the year for which it is issued or renewed. 3.4.8 An adult live entertainment center license may be renewed by submitting a new application and following the application procedure set forth herein above; provided, that a renewal application shall not be submitted prior to September for the following calendar year. 3.5 Licensing of entertainers. 3.5.1 No person shall perform as an entertainer at an adult live entertainment center without first obtaining an entertainer's license issued by the City Clerk/Treasurer. 3.5.2 An application for an entertainer's license shall be verified and shall provide the following information: (a) The applicant's full name and address, home address, home telephone number, date of birth and aliases (past or present); (b) The name and address of the establishment where the applicant intends to perform as an entertainer; (c) Allpriorconvictionsoftheapplicant,excludingminortrafficoffenses, including the charge, date, court and disposition of charge. 3.5.3 All applicants shall be required to be fingerprinted by the police department and submit a current facial view photograph. 3.5.4 Applications shall be accompanied by a nonrefundable fee as set by resolution of the city council, however, until such fee is set by resolution, the fee shall be $100.00. 3.5.5 The City Clerk/Treasurer shall transmit the application for an entertainer's license to the police department within five days after its receipt. 3.5.6 The City Clerk/Treasurer shall, within twenty days after receipt of the application, issue the entertainer's license unless the City Clerk/Treasurer is Ciry of Yelm Ord. 737 ds/shclly/aebcon-espond Page 13 of I S informed by the police department that the applicant has been convicted or forfeited bail to a crime or crimes which would indicate a reasonable likelihood that the applicant would violate the terms of this chapter if so licensed. 3.5.7 An adult entertainer's license shall expire on December 31S` of each year in which it is issued or renewed. 3.5.8 An entertainer's license may be renewed by submitting a new application and following the application procedure set forth herein above; provided, that a renewal application shall not be submitted prior to September for the following calendar year. 3.6 Revocation of licenses. The City Clerk/Treasurer shall revoke an adult live entertainment center license or an entertainer's license issued pursuant to this chapter if the City Clerk/Treasurer finds any of the following conditions to exist: 3.6.1 The licensee has made a false statement or given false information in connection with the application for the applicable license. 3.6.2 The licensee has violated or permitted violation of any provisions of this ordinance. 3.6.3 The licensee has been convicted or forfeited bail to any of the crimes which would have caused the director to refuse to issue the license upon the initial or renewal application. Appeal from either the denial of a license or the revocation of a license shall be made to the city council provided for in Yelm Municipal Code, 15.49.160. 3.7 Inspections. An applicant for a license called for herein shall be considered to consent as a condition of receiving such license to inspection by the Chief of Police, City Clerk/Treasurer or the Building Official or their designees during hours when such businesses are open. The purpose of such inspection shall be to determine if the licensed premises is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. 3.8 Exemption from provisions. This chapter does not apply to premises which are primarily devoted to theatrical performances where there are seats arranged so that the body of spectators has an unobstructed view of the stage for viewing performances of artistic expression and where such performances are not incidental to the promotion City of Yehn Ord. 737 d~-Shelly-aebcorrespond Page 14 of l5 of the sale of food and/or drink, and where patrons are not permitted to touch, caress or fondle the actors or entertainers performing therein. 3.9 Violation--Nuisance. Any activity, act or conduct contrary to the provisions of this chapter is declared to be unlawful and a public nuisance and such activity, act or conduct maybe enjoined by an action brought by the city attorney or other interested person. 3.10 Violation--Penalty. Any person, fine or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. No person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the police chief, city attorney or duly appointed agent of either. Section 4. Severability. If any provisions of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances is not affected. Section 5. Effective Date. This ordinance shall become effective five days following its passage and publication as required by law. PASSED by the Council of the City of Yelm, Washington, at its regular meeting on the 27`h day of June, 2001. CITY OIFIYI~Llw1, WASl3INGTON Adam divas, Mayor Authenticated: ,,-, i~ v' ~ , ,f3 Agne . Bennick, City Clerk Appr ved as to c Attorney: Brent Dille Owens Davies Mackie PUBLISHED: Nisqually Valley News, July 6, 2001 EFFECTIVE: July 10, 2001 City of Yelm Ord. 737 ds~ shel ly!aebcon'cspond Page I S of I S