757 Repeal and Replace Ord 737 and Ch 5.52CITY OF YELM
ORDINANCE NO. 757
AN ORDINANCE of the City of Yelm, Washington, repealing and replacing
Ordinance No. 737 and Chapter 5.52 in the Yelm Municipal Code which
regulates the licensing and other requirements of adult entertainment businesses
within the City of Yelm, Washington.
WHEREAS, the City of Yelm has thoughtfully and thoroughly evaluated the
regulations necessary to the siting and regulation of adult entertainment businesses; and
WHEREAS, the City recognizes that sexually oriented businesses, due to
their nature, have serious objectionable operational characteristics, particularly
when they are operating in close proximity to each other, thereby contributing to
crime, lower property values, urban blight, downgrading of the quality of life in the
adjacent areas, and other nuisance effects; and
WHEREAS, the City 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
businesses in order to protect the public health, safety and general welfare; and
WHEREAS, concern over sexually transmitted diseases, including
HIV/AIDS, is a legitimate and serious health concern of the City which demands
reasonable regulations of sexually oriented businesses in order to protect the
health, safety and well being of the citizens; and
WHEREAS, zoning, licensing and other police power regulations are
legitimate, reasonable means to ensure that the operator of sexually oriented
businesses comply with reasonable regulations designed to minimize the adverse
secondary effects which may accompany the operation; and
WHEREAS, the City recognizes the harmful effects to children and minors
exposed to the effects of such businesses and the importance of locating such
businesses to preclude children walking through or visiting in the immediate
neighborhood of such businesses: and
WHEREAS. the Citv finds there would be a deterioration in the quality of
businesses which choose to operate in and around such sexually oriented
businesses: and
WHEREAS. the City desires to minimize and control these adverse
secondary effects and thereby protect the health, safety and welfare of the
Ordinance 757 Page 1 of 26
citizens; to abate the nuisance effects of sexually oriented businesses; to protect
the citizens from increased crime; to preserve the quality of life; to preserve the
property values and the character of surrounding neighborhoods and businesses;
and to protect against the threat to health from the spread of communicable and
social diseases; and
WHEREAS, the City has determined that location criteria alone does not
adequately protect health, safety and general welfare of the people of Yelm, and
thus certain requirements with respect to the ownership and operation of sexually
oriented businesses is in the public interest; and
WHEREAS, the experiences of other states and cities demonstrate that
reasonable restrictions on sexually oriented businesses are beneficial and
necessary as a means of reducing and curtailing deleterious secondary effects of
adult-oriented businesses and sexually oriented businesses, including crime, and
specifically, sex-related crime, noise, traffic congestion, police response time and
efforts, parking problems, sexual disease, and discarded pornographic material
on neighboring properties; 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 businesses offering adult entertainment at such time and such
businesses are offering adult entertainment so that at all necessary times there will be
an individual responsible for the overall operation of the adult entertainment business,
including the actions of patrons, entertainers and other employees; and
WHEREAS, the City of Yelm finds 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 Yelm 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 of regulation. These hidden
ownership interests have historically been held by organized and white collar crime
elements. In order for the City to effectively protect the public health, safety, morals and
general welfare of its citizens and effectively allocate its law enforcement resources, it is
important that the City be fully apprized of the actual ownership of adult entertainment
businesses, and the identities and backgrounds of persons responsible for management
and control of the adult entertainment business; and
WHEREAS, 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 businesses;
Ordinance 757 Page 2 of 26
NOW, THEREFORE, be it ordained by the City Council of the City of Yelm, as
follows:
Section 1. IvI~~SA6€ DULT ENTERTAINMENT 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 "AAassage "Adult entertainment parlor" means a place in the
incorporated area of the city where
are sexually stimulating touching is performed upon the body
of one person by another person; nude modeling studios or
where sauna baths, Turkish baths, Swedish baths where
sexually stimulating touching is performed upon the body of
one person by another person or the like are made available to
members of the public.
1.1.2 "fie "Adult entertainment parlor employee" means any
person employed by an adult entertainment parlor; including
any person who performs sexually stimulating actions wlris
^;,,°° ,,,°~~,^°° +^ ^,- ,++°^,~~ in any shier way upon, patrons of
an n}assa~e adult entertainment parlor, or who supervises the
work of such a person.
1.1.3 "Specific anatomical areas" means:
al Less than completely and opaauely covered human
Genitals, pubic region, buttocks and the female breasts
below a point immediately above the top of the areola.
Ib1 Human male Genitals in a discernibly turgid state, even
if completely and opaquely covered.
1.1.4 "Specific sexual activities" means:
a) Human genitals in a state of sexual stimulation: and/or
Ib) 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.
1.2 Exemptions to chapter applicability. The provisions of this section 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.
Ordinance 757 Page 3 of 26
1.3 Licensing of Business.
1.3.1 No person, firm, partnership, corporation, or other entity shall
operate an adult entertainment parlor, ,
without first
obtaining a license issued pursuant to this chapter.
1.3.2 Applications for such businesses shall be made to the City
Clerk/Treasurer.
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 Licensing of Employees. An application for such a license shall be
processed and either granted or denied in the manner set forth in Section
3.5.
Ordinance 757 Page 4 of 26
1.5 Revocation of License. Revocation of a massage adult entertainment
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 adult entertainment 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 adult entertainment parlors shall be
closed, and all services performed therein discontinued, between the
hours of 12:30 a.m. and ~:S& 10:00 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 adult entertainment
parlor.
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 may be 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 a business 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."
Ordinance 757 Page 5 of 26
2.1.2 "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store"
shall mean a commercial business 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.
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 businesses 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.
Ordinance 757 Page 6 of 26
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.
2.3 Regulations relating to 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.
n+her nncn ~rc~~ of +he h~ i~+inc~+~+ ~i u+h +h.~+ +hc
uie~ Adult Arcade Entertainment Business
Premises. All adult arcade stations or booths
must open to the public room so that the area
and occupant inside the booths are fully and
completely visible by direct line of sight to the
manager located at the managers station which
shall be located in the main entrance way to the
public room containing the arcade stations or
booths. No curtain, door, wall, merchandise,
display rack, or other non-transparent
enclosure, material, or application may obscure
in any way the manager's view of any portion of
the activity or occupant of the adult arcade
station or booth, or the performance area.
ii. All such areas shall be maintained in a clean and
sanitary condition at all times.
iii All ventilation devices or openings between
adult arcade booths must be covered by a
permanently affixed louver or screen. Any
portion of a ventilation opening cover may not
be located more than one foot below the top of
the booth walls or one foot from the bottom of
Ordinance 757 Page 7 of 26
booth walls. There may not be any other holes
or openings between the booths.
(b) Signs:
##a~ There must be permanently posted and
maintained in at least two conspicuous
locations on the interior of all adult arcade
premises a sign stating substantially the
following:
(1) NO PERSONS UNDER THE AGE OF
EIGHTEEN YEARS SHALL BE ALLOWED
TO OCCUPY A VIEWING BOOTH AT ANY
TIME.
(2) OCCUPANCY OF ANY STATION OR
BOOTH IS AT ALL TIMES LIMITED TO
ONE PERSON.
(3) THERE MAY BE NO CRIMINAL ACTIVITY
IN THE STATIONS, BOOTHS, OR ON THE
PREMISES, INCLUDING BUT NOT
LIMITED TO: SEXUALLY EXPLICIT
CONDUCT (RCW 9.68A.011), ACTS OF
LEWDNESS (YMC 9.16), INDECENT
EXPOSURE, PROSTITUTION, DRUG
ACTIVITY, OR SEXUAL CONDUCT, AS
DEFINED HEREIN.
(4) VIOLATORS ARE SUBJECT TO
CRIMINAL PROSECUTION.
t~~~.~# i# ic. i ~nln,~,fi ~I fnr mnrc #hnn nr.c
ii. Each sign must be conspicuously posted and
not screened from the patrons view. The letters
and numerals must be on a contrasting
background and be no smaller than one inch in
height.
(c) Lighting. Sufficient lightinq must be provided and
equally distributed throughout the public areas of the
adult entertainment business so that all objects are
plainly visible at all times. A minimum lightinq level of
30 lux horizontal, measured at 30 inches from the floor
and on 10-foot centers is required for all areas of the
adult entertainment business where members of the
public are permitted.
Ordinance 757 Page 8 of 26
(d) 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
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/Treasurerflnds any of the
following conditions to exist:
Ordinance 757 Page 9 of 26
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.
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 orthe 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~ 10:00 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 may be 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.
Ordinance 757 Page 10 of 26
3.1.2 "Employee" and/or "Independent Contractor" 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.
3.1.4 "Entertainment" means any exhibition or dance of any type,
removal of articles of clothing, pantomime, modeling or any other
sexually stimulating 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 operators. The following standards of conduct
shall be adhered to by operators and employees of any adult live
entertainment center.
3.2.1 All employees of an adult live entertainment center must
adhere to the following standards of conduct while in any
area in which a member of the public is allowed to be
present:
~An employee may not be unclothed or in such less
than opaque and complete attire, costume or clothing
so as to expose to view any portion of the female
breast below the top of the areola or any portion of the
pubic region, anus, buttocks, vulva or genitals, except
upon a stage at least eighteen inches above the
immediate floor level and removed at least eight feet
from the nearest member of the public.
Ordinance 757 Page 11 of 26
.+iJi d+ live cr,~erF.+inrv,cr,4 no r,~er c.h~+ll ho i ~nnh~herl r,r in c.. .nh ~44irc
i
r ~ i
bl An emplovee minalina with a member of the public
may not be unclothed or in less than opaque and
complete attire, costume or clothing as described in
subdivision (a) of this subsection, nor may a male
emplovee appear with his genitals in a discernibly
turgid state, even if completely and opaquely covered
or wear or use any device or covering that simulates
the same.
c) An emplovee minalina with a member of the public
may not wear or use any device or covering exposed
to view which simulates the breast below the top of the
areola, vulva, genitals, anus, a portion of the pubic
region, or buttocks.
dl An emplovee may not caress. fondle or erotical)
touch a member of the public or another emplovee.
An emplovee may not encourage or permit a member
of the public to caress, fondle or erotically touch that
emplovee.
e) An employee may not perform actual or simulated acts
of sexual conduct as defined in this ordinance, or an
act that constitutes a violation of chapter 7.48A RCW,
the Washington moral nuisance statute, Yelm
Municipal Code (YMC) 9.16, the City's lewd conduct
provision or anV provision regulating offenses against
public morals.
Ordinance 757 Page 12 of 26
(f) An employee mingling with a member of the public
may not conduct any dance, performance or exhibition
in or about the non-stage area of the adult live
entertainment center unless that dance, performance
or exhibition is performed at a distance of at least four
feet from the member of the public for whom the
dance, performance or exhibition is performed. The
distance of four feet is measured from the torso of the
dancer to the torso of the member of the public.
(q)
A tip or gratuity
offered to or accepted by an entertainer may not be
offered or accepted before any performance, dance or
exhibition provided by the entertainer. An entertainer
performing upon any stage area maY not accept anY
form of gratuity offered directly to the entertainer by a
member of the public. A gratuity offered to an
entertainer performing upon any stage area or in any
booth or arcade device must be placed into a
receptacle provided for receipt of gratuities by the
management of the adult live entertainment center or
provided through a manager on duty on the premises.
A gratuity or tip offered to an entertainer conducting a
performance, dance or exhibition in or about the non-
stage area of the adult live entertainment center must
be placed into the hand of the entertainer or into a
receptacle provided by the entertainer, and not upon
the person or into the clothing of the entertainer.
(h) 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.
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3.2.2 At an adult live entertainment center the following are
required:
Ordinance 757 Page 13 of 26
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 Prior to the issuance of a license, the applicant must be
qualified according to the provisions of all applicable City
ordinances, the laws of the United States and of the State of
Washington. The premises must meet the requirements of all
applicable laws, ordinances, and regulations including but
not limited to the Uniform Building Code, and the Yelm City
Zoning Code. All premises and devices must be inspected
prior to issuance of a license.
3.4.3
n,.,,+e +n +he ~i+„ ~lerl,/Tre,~„ror, An application for an adult
live entertainment center license must be submitted to the
City Clerk/Treasurer in the name of the person or entity
proposing to conduct the adult live entertainment center on
the business premises and must be signed by the person and
certified as true under penalty of periury. An application
must be submitted on a form supplied by the City
Clerk/Treasurer, which must require the following
information:
/) Q ~+nnlin.++inn fnr nn .+rli ~I+ live + .min no +o o co c.hnll
~:~- epze+#~.,r.Fnen~ ~r~~r es~~~~n
la/ The fi III n~mo '+nrl nli~c /n.~~++ nr nreeon+l nrlrlro~~+
/ e
h' ~'°~T For the applicant and for each applicant
control person, provide: Name(s-, date(s) of birth, any
aliases or previous names, drivers license number(s),
social security number(s), and mailing and residential
address(es);
(b) The business name, business address, federal tax
identification number, state of Washington master business
license number and business telephone number of the
business or proposed business, together with a description
of the nature of the business;
(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,
including date and place of incorporation and the
names, addresses, telephone numbers and principal
Ordinance 757 Page 16 of 26
occupations of every officer and director of the corporation,
and every shareholder having more than five percent of
the outstanding shares of the corporation; and evidence
that the partnership or corporation is in good standing
under the laws of Washington; and the name and
address of the registered agent for service of process;
(d) The n•+mc~+ ~+rli-Ircc, c,oc #clenhnne r,l ~mhcrc ~nr) r~rinnir»I
r
0
h~.ainn ~+nv in~crcc,~ in 4hc roil nr ncrcnn~~ nrnncrFv 114i~i~crl
For
the applicant and all applicant control persons, a
description of business, occupation or employment
history for the three years immediately preceding the
date of the application;
(e) ,
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~~~~ ~+il fnr ~+nv nrimc cvnL In~minnr 4rn{{in nFfcn~c~•
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.For
the applicant and all applicant control persons, all
criminal convictions or forfeitures within five nears
immediately preceding the date of the application,
other than parking offenses or minor traffic infractions
including the dates of conviction, nature of the crime,
name and location of court and disposition;
(f) Whether the applicant or a partner, corporate officer,
or director of the applicant holds another license
under this ordinance or a license for similar adult
entertainment or sexually oriented business, including
a motion picture theater, or a panorama, from
Thurston County, another city, county or state, and if
so, the name and address of each other licensed
business;
fig) A summary of the business history of the applicant
and applicant control persons in owning or operating
the adult entertainment or other sexually oriented
business providing names, addresses and dates of
operation for such businesses, and whether any
business license or adult entertainment license has
been revoked or suspended and the reason for the
revocation or suspension;
(h) Authorization for the City of Yelm, and its agents and
employees, to seek information to confirm any
statements set forth in the application;
(i) The location and doing-business-as name of
the proposed adult entertainment business, including
a legal description of the property, street address, and
telephone number, together with the name and
address of each owner and lessee of the property:
Ordinance 757 Page 17 of 26
(il Two 2-inch by two-inch photographs of the applicant
and applicant control persons, taken within six months
of the date of application showing only the full face;
(k) A complete set of fingerprints for the applicant or each
applicant control person, taken by the law
enforcement agencv for the jurisdiction, or such other
entity as authorized by the law enforcement agencv;
(I) Each applicant shall verify, under penalty of perjury
that the information contained in the application is
true;
(m) A scale drawing or diagram showing the configuration
of the premises for the proposed adult entertainment
business, including a statement of the total floor space
occupied by the business, and marked dimensions of
the interior of the premises. Performance areas,
seating areas, manager's office and stations,
restrooms, arcade booths or devices, overhead
lighting fixtures, and service areas shall be clearly
marked on the drawing. An application for a license
for an adult entertainment business must include
building plans which demonstrate conformance with
city of Yelm building code requirements.
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 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.
Ordinance 757 Page 18 of 26
3.4.7 An adult live entertainment center license shall expire on
December 31st 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.
3.4.9 If. subseauent to the issuance of an adult entertainment
business license, a person or entity acquires a significant
interest based on responsibility for management or operation
of the business, notice of such acquisition shall be provided
in writing to the licensing administrator, no later than twenty-
one calendar days following the acquisition. The notice
required must include the information required for the
original adult entertainment business license application.
3.4.10 The adult entertainment business license. if granted, must
state on its face the name of the person or persons to whom
it is issued, the expiration date, the doing-business-as name
and the address of the licensed adult entertainment business.
The license must be posted in a conspicuous place at or near
the entrance to the adult entertainment business so that it
can be easily read when the business is open.
3.4.11 A person granted an adult entertainment business license
under this ordinance may not operate the adult entertainment
business under a name not specified on the license, nor may
a person operate an adult entertainment business, or an adult
entertainment device under a designation or at a location not
specified on the license.
3.5 Licensing of Managers and Entertainers
3.5.1
en+o ri~inmor,+ no n+or ,~,i+hn~ i+ fir~++ nh+~inin,v ~n on+o r+~inor~~ liner,ee
ic. c.~ ~c,-1 by +hc (~~+„ (`IorL /T rc.e e.~ ,rer A person may not work as a
manager, assistant manager, or entertainer at an adult
entertainment business without a managers or an
entertainer's license from the City Clerk/Treasurer. An
applicant for a managers or entertainers license must
complete an application on forms provided by the City
Clerk/Treasurer containing the information identified in this
subsection. A nonrefundable license fee must accompany
the application. The City Clerlc/Treasurershpll provide a copy
of the application to the Police Department for its review,
investigation and recommendation. An application for a
managers or entertainers license must be signed by the
applicant and certified to be true under penalty of periury.
Ordinance 757 Page 19 of 26
The managers or entertainers license application must
require the following information:
(a) '
nro The applicants name, home address, home
telephone number, date and place of birth, fingerprints
taken by the Police Department (or such other entity
as authorized by the Police Department or licensing
administrator,) social security number, and any stage
names or nicknames used in entertaining;
(b) The n.+me .+nrl .+rJ rlrcc.c ~f 4hc e~+~r~h~i~+h rv,onl u,horo 4hc
The name
and address of each business at which the applicant
intends to work;
(c) ,
~e A complete statement of all convictions of
the applicant for any misdemeanor or felony violations
in the jurisdiction or any other city, county, or state
within five years immediately preceding the date of the
application, except parking violations or minor traffic
infractions;
(d) Documentation that the applicant has attained the age
of eighteen years. Anv two of the following are
acceptable as documentation of age:
i. A motor vehicle operators license issued by
any state bearing the applicants photograph
and date of birth;
ii. A state issued identification card bearing
the applicants 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. Anv other identification that the licensing
administrator determines to be acceptable and
reliable.
e) A description of the applicants principal activities or
services to be rendered;
(fl Two 2-inch by two-inch color photographs of
applicant, taken within six months of the date of
application showing only the full face;
(g) Authorization for the City, its agents and employees to
investigate and confirm any statements in the
application.
Ordinance 757 Page 20 of 26
3.5.2 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.
3.5.3 The City Clerk/Treasurer shall transmit the application for an
entertainer's license to the police department within five days after
its receipt.
3.5.4
the ~+nnlin~+#inn icci ~c #ho on#DrF~inor~c lincnce ~ ~nle~~ the (~i#v
('`IcrL/Tre'.~~ ircr i~ in#nrmorl ha #ho nnlir.c rJcr+nr#men# #hn# the
,~in~ ~IIJ vinln#o #ho form ~+ of #hic. nhnn#cr i# cn lircr, ~+c~-7 The C~tY
Clerk/Treasurershatl issue an adult entertainment business
managers or entertainers license within twenty calendar days
from the date the complete application and fee are received
unless -the City Clerk/Treasurer is 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; or the City Clerk/Treasurerdeterrnines
that the applicant has failed to provide any information
required to be supplied according to this ordinance, had
made any false, misleading or fraudulent statement of
material fact in the application, or had failed to meet any of
the requirements for issuance of a license under this
ordinance. If the City Clerk/Treasurer determines that the
applicant does not qualify for the license applied for, the City
Clerk/Treasurershatl deny the application in writing and shall
cite the specific reasons therefor, including applicable laws.
3.5.5 An adult entertainer's license shall expire on December 31 S~ of
each year in which it is issued or renewed.
3.5.6 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.
3.5.7 Every entertainer shall provide his or her license to the adult
entertainment business manager on duty on the premises
prior to his or her performance. The manager shall retain the
licenses of the entertainers readily available for inspection by
the City, its agents, and employees, at any time during
business hours of the adult entertainment business.
Ordinance 757 Page 21 of 26
3.5.8 The Citv Clerk/Treasurer may reauest additional information
or clarification when necessary to determine compliance with
this ordinance.
3.5.9 The contents of an application for an entertainers license and
anv additional information submitted by an applicant for an
entertainers license are confidential and will remain
confidential to the extent authorized by chapter 42.17 RCW.
Nothing in this subsection prohibits the exchange of
information among government agencies for law enforcement
or licensing or regulatory purposes.
3.6 THE
RESP
ONSIB
ILITIE
S OF
THE
MANA
GER
OF AN
ADUL
T
ENTERTAINMENT BUSINESS SHALL INCLUDE:
3.6.1 A licensed manaaer shall be on duty at an adult
entertainment business at all times adult entertainment is
being provided or members of the public are present on the
premises. The full name and license of the manager shall be
prominently posted during business hours. The manager
shall be responsible for verifying that anv person who
provides adult entertainment within the premises possesses
a current and valid entertainers license;
3.6.2 The licensed manager on duty shall not be an entertainer;
3.6.3 The manaaer licensed under this ordinance shall maintain
visual observation from a managers station of each member
of the public and each entertainer at all times any entertainer
is present in the public or performance areas of the adult
entertainment business. Where there is more than one
performance area, or the performance area is of such size or
configuration that one manager is unable to visually observe,
at all times, each entertainer, each employee, and each
member of the public, a manager licensed under this
ordinance shall be provided for each public or pertormance
area or portion of a public or performance area visually
separated from other portions of the adult entertainment
business. All adult arcade stations or booths must open to
the public room so that the area and occupant inside the
booths are fully and completely visible by direct line of siaht
to the manaaer located at the managers station which shall
Ordinance 757 Page 22 of 26
be located at the main entrance wav to the public room
containing the arcade stations or booths. No curtain, door,
wall, merchandise, displav rack, or other non-transparent
enclosure, material, or application may obscure in any wav
the managers view of any portion of the activity or occupant
of the adult entertainment business;
3.6.4 The manager shall be responsible for and shall ensure that
the actions of members of the public, the adult entertainers,
and all other employees shall comply with all requirements of
this ordinance.
3.7 PREMISES -SPECIFICATIONS.
3.7.1 Live Adult Entertainment Center Premises. The performance
area of the live adult entertainment center where adult entertainment
is provided shall be a stage or platform at least 18 inches in
elevation above the level of the patron seating areas, and shall be
separated by a distance of at least eight feet from all areas of the
premises to which a member of the public has access. A
continuous railing affixed to the floor and measuring at least three
feet in height and located at least eight feet from all points of the
performance area must be installed on the floor of the premises to
separate the performance area and the public seating areas. The
stage and the entire interior portion of cubicles, rooms or stalls
wherein the live adult entertainment is provided must be visible from
the common areas of the premises and from at least one managers
station. Visibility shall be by direct line of sight and shall not be
blocked or obstructed by doors, curtains, drapes, walls,
merchandise, displav racks or other obstructions.
3.7.2 i h in .Sufficient lighting must be provided and equally
distributed throughout the public areas of the adult entertainment
business so that all objects are plainly visible at all times. A
minimum lightinq level of 30 lux horizontal, measured at 30 inches
from the floor and on 10-foot centers is required for all areas of the
adult entertainment business where members of the public are
permitted.
3.7.3 Signs. A sign at least two feet by two feet with letters at least
one inch high, which are on a contrasting background, shall be
conspicuously displayed in the public areals) of the adult
entertainment business stating the following:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED
BY THE LAWS OF YELM CITY. THURSTON COUNTY.
ENTERTAINERS ARE:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF
SEXUAL CONDUCT.
Ordinance 757 Page 23 of 26
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE
EXCEPT ON STAGE.
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN
ADVANCE OF THEIR PERFORMANCE.
D. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES
DIRECTLY FROM PATRONS WHILE PERFORMING
UPON ANY STAGE AREA OR IN ANY ARCADE
STATION OR BOOTH.
3.8 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:
(a) The licensee has made a false statement or given false
information in connection with the application for the applicable
license.
(b) The licensee has violated or permitted violation of any provisions
of this ordinance.
(c) 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.
3.8.1 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.
3.9 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.
Section 4. Exemption from provisions. This ordinance 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 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.
4.1 This ordinance does not prohibit:
a) Plavs, operas, musicals, or other dramatic works that
are not obscene: or
(b) Classes, seminars and lectures which are held for
serious scientific or educational purposes and which
are not obscene: or
Ordinance 757 Page 24 of 26
c) Exhibitions. performances, expressions or dances that
are not obscene.
(d) The exemptions in this section do not apply to sexual
conduct defined in Sections 1.1, 2.1 and 3.1 of this
ordinance or the sexual conduct described in RCW
48A.010 (20 (b) (ii) and (iii). Whether or not activity is
obscene shall be iud~ed by consideration of the
standards set forth in RCW 7.48.010 (2).
Section 5. Violation--Nuisance. Any activity, act or conduct contrary to the provisions of
this ordinance is declared to be unlawful and a public nuisance and such activity, act or
conduct may be enjoined by an action brought by the city attorney or other interested
person.
Section 6. Violation--Penalty. 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 7. 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 8. Effective Date. This ordinance shall become effective five days following
its passage and publication as required by law.
Section. 9. Saving Clause. Ordinance No. 737 and Chapter 5.52-Yelm Municipal
Code, repealed and replaced by this ordinance, shall remain in force and effect
until the effective date of this ordinance.
PASSED by the Council of the City of Yelm, Washington, at its regular meeting on the
27`h day of March, 2002.
LM,~$HINGTON
Brent Bii'fe, Cif
Owens Davies
Ordinance 757
rney
.~
Authenticated: i~.~J lC2-tom..
Ag s P. Bennick, City Clerk
Page 25 of 26
Adam Rivas, Mayor
PUBLISHED: Nisqually Valley News, April 5, 2002
EFFECTIVE: April 10, 2002
Ordinance 757 Page 26 of 26
a) Admission must be restricted to aersons of the age of
eighteen vears or older. An owner, operator, manager
or other person in charge of the adult entertainment
business may not knowingly permit or allow any
person under the age of eighteen vears to be in or
upon the premises whether as an owner, operator,
manager, patron, member, customer, agent, employee,
independent contractor, or in any other capacity. This
section is not intended to be used in a prosecution of
a minor on or within an adult entertainment business.
(b) Neither the performance, nor any photograph,
drawing, sketch or other pictorial or graphic
representation of the performance, displaying any
portion of the breasts below the top of the areola or
any portion of the pubic region, buttocks, genitals,
and/or anus may take place or be located so as to be
visible to minors who are or may be outside of the
adult entertainment business.
c) A member of the public may not be permitted at
any time to enter into any of the non-public portions of
the adult entertainment business that includes but is
not limited to: The dressing rooms of the entertainers,
other rooms provided for the benefit of employees, or
the kitchen or storage areas. However, a person
delivering goods and materials, food and beverages,
or performing maintenance or repairs to the premises
or equipment on the premises may be permitted into
non-public areas to the extent required to perform the
ersons iob duties.
(d) Restrooms may not contain video reproduction
equipment and/or adult arcade devices.
(e) Doors to areas of the adult entertainment business
that are available for use by persons other than the
owner, manager, operator, or their agents or
employees, may not be locked during business hours.
f) No person may operate or maintain any warnin
system or device, of any nature or kind, for the
purpose of alerting, warning, or aiding and abetting
the warning of any patrons, members, customers.
owners. operators, managers, employees, agents,
independent contractors. or any other persons in the
adult entertainment business, that police officers or
County health, code enforcement, fire, licensing, or
building inspectors are approaching or have entered
the premises.
Ordinance 757 Page 14 of 26
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 0:-A~ 10:00 a.m.
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 business, 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 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.
3.3.10 An operator of an adult live 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.
Ordinance 757 Page 15 of 26